| Citation(s) |
|---|
| 2021 SLG 2089 2021 SLD 2089 2021 PLJ 606 |
Lahore High Court
W.P. No. 213867 of 2018, decided on 25.4.2019, Date of hearing: 25.4.2019.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE.
Ch. Nazir Hussain, Advocate for Petitioner. Mr. S.N. Khawar Khan, Additional Advocate General Punjab and Ghulam Aamar, Superintendent, Parole Home Department and Naveed Ahmad Assistant Superintendent parole. Home Department, Lahore.
W.P. No. 213867 of 2018, decided on 25.4.2019, Date of hearing: 25.4.2019.
SAYYED MAZAHAR ALI AKBAR NAQVI, JUSTICE.
Ch. Nazir Hussain, Advocate for Petitioner. Mr. S.N. Khawar Khan, Additional Advocate General Punjab and Ghulam Aamar, Superintendent, Parole Home Department and Naveed Ahmad Assistant Superintendent parole. Home Department, Lahore.
MUHAMMAD ARSHAD
VS
STATE/GOVERNMENT OF PUNJAB ETC.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Pakistan Penal Code, 1860
Section: 302(b)/392,324,337/F(iii),353,186
Law: Anti Terrorism Act, 1997
Section: 6,6/7
Constitution of Pakistan, 1973-- ----Art. 199--Pakistan Panel Code, 1860, Ss. 302(b)/392, 394, 324, 337/F(iii), 353 186--Anti Terrorism Act, 1997, S. 6. 6/7. Constitutional petition--Conviction and sentence--Rejection of request for releasing on parole--Involvement in offence 392, PPC S. 7(i) Anti-Terrorism Act, 1997--Conditions and limitations--Through instant petition, petitioner has prayed for his release on parole--Report and para-wise comments from respondents side shows that petitioner was refused for his release on parole mainly on ground that he was involved in offence under Section 392, PPC as well as 7 Anti-Terrorism Act, 1997 which are not covered under rules--Probation and parole is granted to a prisoner under certain special circumstances and under some prevailing laws--It is subjected to certain limitations and conditions imposed by releasing authority is convicted in offence under Section 7(i) of Anti-Terrorism Act, 1997, hence, he is not eligible for release on parole under Good Conduct Prisoners Probtional Release Act, 1926 and rules framed there under due to this involvement and conviction in offence under Section 7 Anti-Terrorism Act, 1997--Counsel for petitioner has failed to point out any illegality or infirmity for not releasing petitioner on parole inviting interference by this Court in constitutional jurisdiction--Petition dismissed. ORDER Through this constitutional petition filed in terms of Art. 199 of the Constitution of Islamic Republic of Pakistan, 1973, following prayer has been made: “... In the light of above mentioned fads and circumstances, it is therefore, most respectfully prayed that by allowing this writ petition, the Respondent No. 1 2 may kindly be directed to constitute a committee immediately as per law for the decision of release of the petitioner on parole and should decide the said application (Annexure-C) in the light of policy and practice applied to Rehmat Shah Afridi and Sheikh Naseeb cases and also on the consideration of principles set by this Hon ble Court in cases attached with this Writ Petition in the larger interest of justice, equity and fair play. It is further prayed that a direction may kindly he…
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