Law: Prisons Act, 1894

Section: 45(11)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Constitution of Pakistan, 1973

Section: 199

(a) Prisons Act (IX of 1894)--- ----S. 45(11)---Prison-offences---Tampering with record or documents---Maxim: Audi alteram partem---Applicability---Petitioner assailed order of jail authorities whereby Chief Capital Police Officer was directed to re-arrest the petitioner and admit him into jail to undergo his remaining sentence---Held, allegation against petitioner was that he fraudulently got himself releasesd from prison by managing to get a remission of 1080 days (03 years) through bogus documents---Validity---Petitioner was released by the jail authorities and if there was any fraud, a separate criminal case should have been registered against the petitioner and the jail officials who had played active role in release of prisoner were responsible for his release---No action had been taken against said officials---No one could be penalized for the inaction or non-action of public functionaries---Jail authorities should have properly checked and inquired into the authenticity of the documents or the remission order; said authorities were lethargic and negligent for a long period of two and half years and did not take any step regarding the alleged fraud of the petitioner---Jail authorities, in order to arrive at just and logical conclusion, should have associated the petitioner in the inquiry proceedings---Liberty of petitioner could not be curtailed because of negligence on the part of jail authorities, particularly, when he had already undergone major portion of his sentence---Constitutional petition was allowed and the impugned order was set aside. (b) Administration of justice--- ----No one should be penalized for the inaction or non-action of public functionaries. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR, J.- Petitioner Javed Iqbal, through the instant writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has made the following prayer: "It is therefore, most humbly prayed, that this Hon'able Court may be pleased to accept this writ petition and declare that the impugned order No.476 dated 14.1.2017 issued by respondents is illegal, void ab-initio and without lawful authority and consequently the same may be set…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492