Law: Anti Terrorism Act, 1997

Section: 21-F

Law: Constitution of Pakistan, 1973

Section: 45

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 21-F--Constitution of Pakistan, 1973, Art. 45--Grant of remissions moved constitutional jurisdiction of High Court seeking grant of remissions provided under law only claims that remissions under law may be allowed to him for period he is serving his sentence for conviction under Ordinance--This petition is partly allowed--Impugned of High Court is modified by allowing remissions to respondent permissible under Rules, while denying him remissions under 45 of Constitution. PLD 2020 SC 1021 ref. ORDER Yahya Afridi, J.- Habib Ullah (“the respondent”) was booked and then tried by Anti-Terrorism Court in case FIR No. 58 dated 08.02.2003 under Sections 364-A, 506, 512 and 452, PPC and Section 13 of the West Pakistan Arms Ordinance, 1965 read with Section 6 of the Anti-Terrorism Act, 1997(“FIR”). After a regular trial, the respondent was convicted by the trial court, and the sentences awarded by the trial Court were as follows: five years rigorous imprisonment and fine for the offence under Section 452, PPC read with Section 6 of the Anti-Terrorism Act, 1997; five years rigorous imprisonment and fine for the offence under Section 364- A, PPC read with Section 6 of the Anti-Terrorism Act, 1997; and twenty years rigorous imprisonment for the offence under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The appeal filed by the respondent against the conviction and sentence awarded by the trial Court was dismissed by the High Court as well by this Court. The respondent moved the constitutional jurisdiction of the High Court seeking the grant of the remissions provided under the law, which was positively considered vide the impugned judgment. Hence, the present petition by the Inspector General of Jails, Khyber Pakthunkhwa. 2. The issue in hand is whether the respondent convicted and sentenced under Anti-Terrorism Act, 1997 (“ATA”) and the Offences of Zina (Enforcement of Hudood) Ordinance, 1979 (“Ordinance”) and presently serving his sentence in Central Jail Haripur, is entitled to be awarded remissions in his sentence under the law or otherwise. 3. As far as the ATA is concerned, Section 21-F…

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