| Citation(s) |
|---|
| 2021 SLG 54 2021 SLD 54 2021 SCMR 1 |
Supreme Court of Pakistan
Civil Petition No. 4-P of 2020, decision Dated: 30-09-2020, hearing Date : 30-09-2020. (On appeal against the judgment of the Peshawar High Court, Peshawar Dated 01.11.2019 in Writ Petition No. 1788-P of 2019)
MUSHIR ALAM, YAHYA AFRIDI, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa for Petitioners. Asaf Fasih-ud-Din Vardag, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondent.
Civil Petition No. 4-P of 2020, decision Dated: 30-09-2020, hearing Date : 30-09-2020. (On appeal against the judgment of the Peshawar High Court, Peshawar Dated 01.11.2019 in Writ Petition No. 1788-P of 2019)
MUSHIR ALAM, YAHYA AFRIDI, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Zahid Yousaf Qureshi, Additional Advocate-General, Khyber Pakhtunkhwa for Petitioners. Asaf Fasih-ud-Din Vardag, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for
Respondent.
INSPECTOR GENERAL OF PRISON, KHYBER PAKHTUNKHWA, PESHAWAR AND OTHERS
VS
HABIB ULLAH
Law: Anti Terrorism Act, 1997
Section: 6(b),21-F,364-A,506,512,452
Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979
Section: 10(3)
Law: Constitution of Pakistan, 1973
Section: 45
Law: West Pakistan Arms Ordinance, (XX of 1965)
Section: 13
Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 6(b) 21-F--- Offence of Zina (Enforcement Of Hudood) Ordinance (VII of 1979), S. 10(3)---Constitution of Pakistan, Art. 45---Khyber Pakhtunkhwa Prison Rules, 2018, Rr. 204, 211 216---Convict convicted under the Anti-Terrorism Act, 1997 and Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Remissions, grant of---Section 21-F of the Anti-Terrorism Act, 1997 barred the award of any remission in the sentence of a person convicted under the said enactment---Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the other hand provided no such bar on the grant of remission in the sentence of a person convicted for any offence thereunder---However remission granted under Art. 45 of the Constitution would not be extended to convicts serving a sentence under S. 10 the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---In so for as the remissions permissible under the Khyber Pakhtunkhwa Prison Rules, 2018, the convict was entitled to be granted the same but after serving his sentence for the conviction under the Anti-Terrorism Act, 1997---Petition for leave to appeal was partly allowed accordingly. ORDER YAHYA AFRIDI, JUSTICE:---.--- 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, P.P.C. 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, P.P.C. read with section 6 of the Anti-Terrorism Act, 1997; five years rigorous imprisonment and fine for the offence under section 364-A, P.P.C. 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…
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