Case Details

Citation(s)
2015 SLG 1143 2015 SLD 1143 2015 PLJ 563
Lahore High Court
Writ Petition No. 27470 of 2013, decision Dated: 07.05.2014. Dates of hearing: 14, 16, 17 & 21.04.2014.
MEHMOOD MAQBOOL BAJWA, JUSTICE, MISS ALIA NEELUM, JUSTICE
Mr. Sardar Muhammad Latif Khan Khosa, Advocate for Petitioner. Mr. Muhammad Shan Gull, Additioinal Advocate-General, Punjab, with Mubasher Ahmad Khan, DIG (Prisons), Asad Javed, Superintendent, Central Jail, Raja Abdul Qayyum, Law Officer, o/o I.G. (Pris

SHEHBAZ LATIF

VS

SUPERINTENDENT, CENTRAL JAIL, KOT LAKHPAT LAHORE, ETC.

Law:

Section:

National Accountability Ordinance, 1999 (XVIII of 1999)-- ----S. 10(d)--Pakistan Prison Rules, 1978, R. 218--Criminal Procedure Code, (V of 1898), S. 401--Consitution of Pakistan, 1973, Art. 199--Constitutional petition--Refused to grant remissions being convicted sentence--Question of grant of remissions to convicts in reference--Convicted for offence under NAB Ordinance shall not be entitled to remission in their sentences--Validity--Provisions of Section 10(d) disentitling NAB convicts is discriminatory because classification of convicts due to change of forum of trial is against mandate of Constitution--All persons convicted under NAB are entitled for such remissions in same manner as persons convicted under other ordinary and special laws--Being convicted shall be entitled such remissions in same manner and mode as persons convicted under ordinary and special laws unless and until there is clog in orders issued by President under Art. 45 of Constitution. Constitution of Pakistan, 1973-- ----Art. 188--Power to review any --Supreme Court got power to review any pronounced or order made but provision itself controls power by using expression subject to provision of any act of majlis-e-shoora and of any rules made by Supreme Court. THIS JUDGMENT DELIVERED BY: Mehmood Maqbool Bajwa, J.- Since common question of law is involved, therefore, the following Criminal Original and writ petitions shall also be dispose of through this consolidated judgment:-- 1. CR. ORG. NO.1249-W OF 2013 titled Syed Sibtul Hassan Gillani v. Muhammad Shahid Khan, Home Secretary etc." 2. W.P. No. 664 of 2014 titled "Azhar Zia Mian v. The State etc." 3. W.P. No. 6619 of 2014 titled "Dr. Haroon Ahmed v. NAB etc." 4. W.P. No. 10825 of 2014 titled "Abdul Khaliq etc. v. Superintendent District (Camp) Jail, Lahore etc." 2. Grievance of all the petitioners in the writ petitions and criminal original came in light when the respective Superintendents of different Jails refused to grant remissions to them being convicts in different references decided by the learned Accountability Courts. 3. Shahbaz Latif (Petitioner in W.P. No. 27470 of 2013) was convicted by learned Judge, Accountability Court…
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