| Citation(s) |
|---|
| 2006 SLG 535 2006 SLD 535 2006 PLD 587 |
Lahore High Court
Intra-Court Appeals Nos. 349/2001, 384/2001, 158/2001, 13380/2001, 10507/2001, 14203/2001, 16137/2001, W.Ps. Nos. 3658/2002 and 12286/2003, decided on 16th May, 2006. dates of hearing: 12th and 16th May, 2006
ALI NAWAZ CHOWHAN, M. BILAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ
Farooq Haider for Appellant. Ch. Sadiq Hussian and Khurshid Anwar, Addl. A.G. for Respsondents. Raja Qayyum, Law Officer and Mahmood Fakhri, Asstt. Superintendent Jail
Intra-Court Appeals Nos. 349/2001, 384/2001, 158/2001, 13380/2001, 10507/2001, 14203/2001, 16137/2001, W.Ps. Nos. 3658/2002 and 12286/2003, decided on 16th May, 2006. dates of hearing: 12th and 16th May, 2006
ALI NAWAZ CHOWHAN, M. BILAL KHAN AND SYED SHABBAR RAZA RIZVI, JJ
Farooq Haider for Appellant. Ch. Sadiq Hussian and Khurshid Anwar, Addl. A.G. for Respsondents. Raja Qayyum, Law Officer and Mahmood Fakhri, Asstt. Superintendent Jail
INAYAT BIBI
VS
AMJAD HUSSAIN and others
Law: Prisons Act, 1894
Section: 3(3)
Law: Constitution of Pakistan, 1973
Section: 45
Law: Criminal Procedure Code (V of 1898)
Section: 382B,401,402C
Criminal Procedure Code (V of 1898)--- ----Ss. 401 & 382-B---Constitution of Pakistan (1973), Art.45---Remission of sentence by the President of Pakistan---Undertrials and Convicts---Entitlement for remission---Scope---Remissions granted by the President of Pakistan under Art.45 of the Constitution were not available to the prisoner for the period during which he had not been convicted of any offence nor was undergoing any sentence. Haji Abdul Ali v. Haji Bismillah and 3 others PLD 2005 SC 163 and Inayat Bibi v. Amjad Ali and others 2001 PCr.LJ 1453 fol. JUDGMENT ALI NAWAZ CHOWHAN, J.---This judgment shall dispose of I.C.A. Nos.384/2001, 349/2001, 158/2001, W.Ps. Nos.3658/2002, 13380/2001, 10507/2001, 12286/2003, 14203/2001 and 16137/2001 as common questions of law and facts are involved in all of them. 2. The question in all the above cases relates to remissions which were granted to the under-trials and convicts through various notifications because of the amnesty given by the President of Pakistan at the time of Golden Jubilee Celebration of Pakistan. 3. We have gone through the judgment with the help of the learned counsel for the appellants, the relevant portion of which is reflected in paragraph 10 is reproduced below: "The upshot of the discussion is that the grant of remission to respondents Nos. I and 2 vide notification dated 28-8-1997 to the extent of 115th of the total sentence, three months vide Notification dated 14-8-1996 by the President of Pakistan and Notification dated 28-4-1996 followed by another Notification dated 27-2-1997 granting two months' remission each by the Provincial Government is declared to be inapplicable and contrary to law, therefore, the same are set aside by partly accepting the writ petition. The benefit of these notifications shall not be extended or awarded by way of remissions to the imprisonment to which respondents Nos.1 and 2 were sentenced on 31-8-1998 by a competent Court of law. There shall be no order as to costs." 4. In the case of Haji Abdul Ali v. Haji Bismillah and 3 others PLD 2005 SC 163 the dictum laid down by the Hon'ble Supreme Court in paragraph 8 was as follows: "Under section 3(3) of the Prisons…
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