Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Constitution of Pakistan, 1973-- ----Art. 199--Constitutional Petition--Conviction and sentence--Execution of sentence--Petitioner was released--Issuance of office order re-arrest of petitioner--Remission of one year--Premature release--Conduct of inquiry--Inquiry report--Administration of Justice--Negligence of jail authorities--Challenge to--Petitioner was released by jail authorities itself and if there was any fraud, a separate criminal case should have been registered against present petitioner and jail officials who had played an active role in episode and responsible for his release but there is nothing available on record to show same--It is well settled principle of administration of justice that no one should be penalized for inaction or non-action of public functionaries--Respondents/jail authorities were so lethargic and negligent that for a long period of two and half years, they did not take any step in regard to alleged fraud of petitioner--Respondents, in order to arrive at just and logical conclusion, should have associated present petitioner in inquiry proceedings--This was a lapse on part of respondents for which petitioner cannot be held responsible and thus, for such negligence on part of jail authorities, his liberty cannot be curtailed, particularly, when he has already undergone major portion of his sentence--Petition was allowed. THIS JUDGMENT DELIVERED BY: ABDUL SHAKOOR J.- Petitioner Noor Ud Din, 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 aside." 2. Brief but relevant facts as per averments in writ petition are that the petitioner alongwith co-accused were charged in a criminal case registered vide FIR No. 6 dated 01.02.2003 under Section3/4 P.O/ 9 CNSA, Police Station I & P Branch (Customs House), Peshawar, were tried by the learned Sessions…

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