Law: Criminal Procedure Code (V of 1898)

Section: 382

(On appeal from the dated 9.5.2017 passed by the Peshawar High Court, Bannu Bench in W.P.No. 488-B/2016) Administration of Justice-- ----Duty of Judge--Principle--It is obligatory duty of judges to apply the correct law to a lis, and not of litigant to point out law applicable--Even parties to a lis are under no obligation to hire services of lawyer/counsel for pleading their case because primary duty to do justice and to apply correct law to facts of a case, is exclusive duty of judge. Administration of Justice-- ----Mix--Law is written on sleeves of judges and they are supposed to know each and ever law by heart; thus any inadvertent omission on part of Court/Judges shall not deprive party entitled to any relief is the law directs in clear language to be granted. Remission-- ----Criminal Procedure Code, (V of 1898), S. 382--Pre-conviction dentention--Deduction of--Omission for grant of benefit--Validity--Held: It can be rectified at any stage and even jailer in whose custody prisoner is undergoing sentence is bound to award such benefit, even if is silent, unless Court for cogent and convincing reasons has expressly refused to grant such benefit--Appeal was declined. JUDGMENT Dost Muhammad Khan, J.--Government of KPK (the petitioner) seeks leave to appeal against the judgment of the Peshawar High Court, BannuBench, Bunnu dated 9.5.2017, whereby the Constitution Petition of the respondent was accepted and he was allowed the benefit of Section 382-B, Cr.P.C. along with general and special remissions earned during the period of detention/imprisonment like his co-prisoners. 2. Learned Additional Advocate General, KPK urged with vehemence that if any Court omits to grant the benefit, referred to above, subsequently, the same cannot be sought through independent petition because that will amount to a review of the original judgment which is not permissible under the criminal law and criminal justice system. 3. The second limb of his submissions was that a cell phone without "SIM" was recovered from the possession of the respondent inside the jail premises thus, he was denied remissions according to law. 4. The un-amended Section 382-B, Cr.P.C. was couched in…

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