Law: Constitution of Pakistan, 1973

Section: 9,25,199

Law: Penal Code (XLV of 1860)

Section: 365-A,324,353,186,34

Law: Anti Terrorism Act, 1997

Section: 7(e),21-F

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Constitution of Pakistan--- ----Arts. 9, 25 & 199---Pakistan Prison Rules, R. 200---Penal Code (XLV of 1860), Ss. 365-A, 324, 353, 186 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 7(e) & 21-F---Criminal Procedure Code (V of 1898), S. 561-A---Constitutional petition---Act of terrorism, kidnapping or abduction for extorting property, valuable security etc,. attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention---Remissions, grant of---Accused was convicted and sentenced under S. 365-A, P.P.C. read with S. 7(e) of the Anti-Terrorism Act, 1997---Said conviction and sentence was assailed through criminal appeal and the same was dismissed---Accused-petitioner filed appeal before Supreme Court which was dismissed, however, the benefit of S. 382-B, Cr.P.C. was granted to accused---Accused-petitioner had contended that every prisoner was entitled for special remission granted by the Federal and Provincial Government from time to time and such remissions were refused to the accused-petitioner by the jail authorities---Prosecution alleged that accused-petitioner committed offence under the Anti-Terrorism Act, 1997, whereby such remissions could not be extended---Validity---Article 25(1) of the Constitution of Islamic Republic of Pakistan provided equal protection to the rights of all the citizens---Forum of trial and the procedure might be different and the punishment under same laws might be more stringent as compared to the other enactments, but after conviction, convict should be governed under the Pakistan Prison Rules and not under the law operating conviction had been refused all kinds of remissions by Jail Authorities vide S. 21-F of the Anti-Terrorism Act, 1997---Article 25 of the Constitution had provided that all the citizens were equally entitled for protection of law---Provision of S. 21-F of the Anti-Terrorism Act, 1997 being ultra vires the Constitution, denial of remissions to the petitioner was discriminatory---Once the benefit of S. 382-B, Cr.P.C. was granted to the convict, benefit of special or ordinary…

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