Law: Pakistan Penal Code, 1860

Section: XVI

Law: Criminal Procedure Code (V of 1898)

Section: 401,335,383,396,397

Law: Constitution of Pakistan, 1973

Section: 45

(a) Constitution of Pakistan (1973)--- ----Arts. 45 & 199---Criminal Procedure Code (V of 1898), Ss.401 & 382-B---Penal Code (XLV of 1860), Ch.XVI (Ss.289 to 338-H)--- Remissions in sentence by the President of Pakistan---Constitutional powers exercised by the President of Pakistan under Art.45 of the Constitution could not be eclipsed by the law of Diyat. (b) Constitution of Pakistan (1973)--- ----Arts. 45 & 199---Criminal Procedure Code (V of 1898), Ss.401 & 382-B---Remission was allowed, in the present case to an under trial according to the interpretation of law at the relevant time was without an exception---Such remission in sentence which had been acted upon, could not be withdrawn---Principles. Lt.-Col. G.L. Bhattacharya v. The State PLD 1963 Dacca 422 and Bhattacharya's case PLD 1964 SC 503 fol. Chaudhry Aamir Ali v. The State 2002 YLR 1902 and Haji Abdul Ali v. Haji Bismillah and 3 others PLD 2005 SC 163 ref. JUDGMENT ALI NAWAZ CHOWHAN, J.---Muhammad Arif petitioner in this case is asking for the setting aside of an order dated 5-5-2005 withdrawing remissions already allowed while he was under-trial by the Provincial Government under the Jail Rules. 2. This is not a case which is falling under Chapter XVI of the Pakistan Penal Code and, therefore, the law of Diyat is not attracted in the matter. 3. The question for consideration is whether the remissions once allowed can be withdrawn by the Provincial Government? 4. The remissions in this case were conveyed to the petitioner. The controversy actually arose after the new dispensation which came about defining as to who is a convict and who will not be considered as a convict. It happened because of Presidential remissions which came in view of the powers exercised by the President under Article 45 of the Constitution allowing remissions particularly at the time of Golden Jubilee celebration of Pakistan. 5. Various questions then arose. Firstly whether the remissions could at all be granted by the President or any concession to the convict shall be governed by Diyat Laws and the preponderant case-law view is that the remissions cannot be granted under the law by any authority after the…

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