| Citation(s) |
|---|
| 2025 SLG 3044 2025 SLD 3044 |
W.P. No. 3480-2022 W.P. No. 1175-2023 W.P. No. 2167-2023
MOHSIN AKHTAR KAYANI
Petitioners by: Ms. Farah Rana, Advocate for petitioners.
Respondents by: Assisted by: Mr. Usman Rasool Ghumman, AAG. Mr. Asad Khan Burki, Legal Advisor, M/o Foreign Affairs. Muhammad Taimoor Janjua, State Counsel. Ms. Aymen Azeem, Law Clerk, I.H.C. Date of Decision: 03.12.2024.
Aman Ullah Khan
VERSUS
Federation of Pakistan, etc. Ibrar Hussain versus Federation of Pakistan, etc. Ghazala Shaheen versus Federation of Pakistan, etc.
Law: International Covenant on Civil and Political Rights (ICCPR)
Section: Article 2
JUDGMENT SHEET
MOHSIN AKHTAR KAYANI, J: By way of this order I intend to decide all three writ petitions, whereby, the petitioners sought indulgence of this Court for passing of direction in order to get returned to Pakistan prisoners from United Kingdom under Transfer of Offenders Ordinance, 2002, who were convicted by the courts in United Kingdom and serving their sentence in UK prisons.
1. In WP No.3480 of 2022 the petitioner Amanullah Khan, seeks the transfer of his son, Muhammad Hammad, who is serving life sentence in the UK. Muhammad Hammad is imprisoned under reference number A3338DMHMP at Long Lartin Prison, South Littleton, Evesham, Worcestershire, UK. The petitioner submitted the necessary documents and affidavits for repatriation under the Transfer of Offenders Agreement. However, despite official correspondence, including verbal as well as letters of consent from Ministry of Foreign Affairs, the office of Her Majesty‟s Prisoners and Probation Services informed the son of Petitioner that the process has delayed for want of information form Pakistani Authorities. The ministry of interior put a hold on all transfer of sentenced prisoners due to alleged legal gaps in the Transfer of Prisoners Ordinance, 2002. Hence, this petition whereby the petitioner prayed to direct the respondents to dispose of the application of son of petitioner for his repatriation from the UK to Pakistan.