| Citation(s) |
|---|
| 2017 SLG 1536 2017 SLD 1536 2017 SCMR 1514 |
Supreme Court of Pakistan
Civil Petition No. 826 of 2016, decision Dated: 18-04-2017. Heard on: 18-04-2017. (On appeal from the judgment Dated 01.02.2016 passed by the Islamabad High Court, Islamabad in I.C.A. No. 249 of 2015)
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sohail Mehmood, DAG and M.S. Khattak, Advocate-on-Record for
Respondents Nos. 1 and 2. Razzaq A. Mirza, Additional A.G. Punjab for Res
Civil Petition No. 826 of 2016, decision Dated: 18-04-2017. Heard on: 18-04-2017. (On appeal from the judgment Dated 01.02.2016 passed by the Islamabad High Court, Islamabad in I.C.A. No. 249 of 2015)
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Sardar Muhammad Latif Khan Khosa, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sohail Mehmood, DAG and M.S. Khattak, Advocate-on-Record for
Respondents Nos. 1 and 2. Razzaq A. Mirza, Additional A.G. Punjab for Res
ASJAD JAVED ALIAS JAVED AKHTAR ER
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY INTERIOR, ISLAMABAD AND OTHERS --RespondentS
Law:
Section:
(a) Transfer of Offenders Ordinance (XXXVII of 2002) ---.--- ---.--- -Ss. 2(c) & 9 ---.--- Offender convicted and sentenced in a foreign country transferred to Pakistan ---.--- Sentence ---.--- Scope ---.--- Accused convicted by competent court of law of foreign country could be transferred to Pakistan pursuant to mutual agreement between the two countries, and upon being transferred to Pakistan, he would be governed by the laws of Pakistan as if it was a sentence imposed by a court in Pakistan ---.--- Where the sentence awarded to the accused was not compatible with the laws of Pakistan, a Court of competent jurisdiction in Pakistan could adopt such a sentence to make it compatible with the laws of Pakistan. (b) Transfer of Offenders Ordinance (XXXVII of 2002) ---.--- ---.--- -S. 12 ---.--- Offender convicted and sentenced in a foreign country transferred to Pakistan ---.--- Remissions in sentence ---.--- Scope ---.--- Pardon/ remissions in the sentence of imprisonment awarded to an offender by a court in a foreign country, could also be granted/extended to him under the laws of Pakistan ---.--- Such an accused could also claim any remission of his sentence of imprisonment to which he became entitled to on the date of his transfer in accordance with law relating to the remissions of sentence in the foreign country. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, JUSTICE:---.--- This petition for leave to appeal has arisen out of judgment dated 01.02.2016 of the Islamabad High Court, Islamabad whereby the Intra Court Appeal of the respondent was allowed by the learned Division Bench in the following manner: "In view of the above, we hold that the petition filed by the Respondent No.1 was not maintainable under Article 199 of the Constitution. We, therefore, allow the instant appeal and set aside the impugned order. In order to claim any entitlement under section 12 or any grievance relating to section 9(4) of the Ordinance, the Respondent No.1 shall be at liberty to approach the Competent Authority as defined in clause (C) of section 2 of the Ordinance. We expect that if the respondent No.1 makes a representation to the Competent Authority the later…
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