| Case ID |
10a8d6e1-057b-4b84-92cd-513eeb9fb243 |
| Body |
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| Case Number |
C.Ps. Nos. D-1188, 1190, 1193, 1194, 1195, 1196, 1 |
| Decision Date |
Sep 14, 2009 |
| Hearing Date |
Aug 25, 2009 |
| Decision |
The Sindh High Court ruled on the petitions involving the transfer of offenders who had been convicted in Sri Lanka for drug trafficking and were repatriated to Pakistan. The Court established that under the Transfer of Offenders Ordinance, 2002, the enforcement of sentences for offenders transferred to Pakistan must comply with Pakistani laws. The Court evaluated the compatibility of sentences based on the nature of the offenses and the laws applicable in Pakistan. The petitioners, having served substantial portions of their sentences, were eligible for release based on the remission of sentences and the proportionality principle. Each petitioner's case was assessed individually, resulting in several being released from custody as they had completed or exceeded the sentences that would have been imposed in Pakistan for similar offenses. |
| Summary |
In the landmark case adjudicated by the Sindh High Court, the court addressed the complexities surrounding the Transfer of Offenders Ordinance, 2002, particularly in relation to drug trafficking convictions from Sri Lanka. The case involved eight petitioners who were convicted for varying amounts of heroin and subsequently repatriated to Pakistan. The court emphasized the necessity of a bilateral treaty for the transfer of offenders, which existed between Pakistan and Sri Lanka. The ruling clarified that upon transfer, the enforcement of sentences must align with Pakistani laws. Each petitioner's circumstances were meticulously examined, focusing on the duration of their sentences, the nature of their offenses, and the potential for remission under Pakistani law. The court ultimately decided to release several petitioners, affirming their rights under the Ordinance and acknowledging the time served in custody. This case sets a significant precedent regarding international cooperation in criminal justice and the humane treatment of offenders, paving the way for future cases involving cross-border legal issues. |
| Court |
Sindh High Court
|
| Entities Involved |
Sindh High Court,
Province of Sindh,
Secretary, Home Department, Karachi
|
| Judges |
MUSHIR ALAM,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Javed Iqbal Burqi for Petitioner,
Zafar Ahmed Khan Addl. Prosecutor General Sindh for Respondent No. 1
|
| Petitioners |
ALI AHMED,
HASSAN ALI,
AKIF SHOAIB,
HUSSAIN AHMED,
SYED TARIQ-UR-REHMAN,
SHAHZAD AHMAD,
NAJMUL-HASSAN,
SYED NAJMUL-HASSAN
|
| Respondents |
2 others,
PROVINCE OF SINDH through Secretary, Home Department, Karachi
|
| Citations |
2011 SLD 2282,
2011 PLD 633
|
| Other Citations |
Imran Ali v. Province of Sindh and others 2007 PCr.LJ 1364,
Zafar v. State 1999 SCMR 2028,
Farooq Ahmed Khan Leghari v. Federation PLD 1999 SC 192,
Muhammad Ilyas v. Muhammad Sufaian PLD 2001 SC 465
|
| Laws Involved |
Transfer of Offenders Ordinance, 2002,
Control of Narcotic Substances Act, 1997,
Constitution of Pakistan
|
| Sections |
3,
6,
9,
12,
9,
199
|