| Case ID |
1f477f4e-53ac-411e-9a1a-ee0038fe2b72 |
| Body |
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| Case Number |
C.P. No. 4-P of 2020 |
| Decision Date |
Sep 30, 2020 |
| Hearing Date |
Sep 30, 2020 |
| Decision |
The Supreme Court of Pakistan partly allowed the petition, modifying the High Court's judgment. The court ruled that while the respondent is entitled to remissions permissible under the prison rules, he is not entitled to remissions under Article 45 of the Constitution for the convictions under the Anti-Terrorism Act. The court emphasized that remissions under the Anti-Terrorism Act are barred, and the respondent must serve his sentence for that conviction before considering remissions for the other convictions under the Ordinance. The ruling clarifies the distinctions between the laws and affirms the importance of adhering to the legal framework governing remissions. |
| Summary |
In the case C.P. No. 4-P of 2020, the Supreme Court of Pakistan addressed the issue of remissions for a convict, Habib Ullah, sentenced under the Anti-Terrorism Act, 1997 and the Offence of Zina Ordinance, 1979. The court found that the Anti-Terrorism Act explicitly bars any remission in sentences, while the Offence of Zina Ordinance does not impose such restrictions. The ruling stated that the respondent could only seek remissions after serving his sentence under the Anti-Terrorism Act, thus clarifying the legal interpretation of remissions under various laws. This case highlights the complexities of sentencing and remissions in Pakistan's legal framework, particularly in relation to terrorism-related offenses and the enforcement of Hudood laws. The decision aims to ensure that the law is applied consistently and fairly, emphasizing the importance of adherence to legal statutes in the context of remissions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Khyber Pakhtunkhwa Government,
Anti-Terrorism Court
|
| Judges |
MUSHIR ALAM, JUSTICE,
YAHYA AFRIDI, JUSTICE,
QAZI MUHAMMAD AMIN AHMED, JUSTICE
|
| Lawyers |
Mr. Zahid Yousaf Qureshi, Additional Advocate-General, KPK for Petitioners.,
Mr. Asaf Fasih-ud-Din Vardag, ASC and Ch. Akhtar Ali, AOR for Respondent.
|
| Petitioners |
INSPECTOR GENERAL OF PRISON, KHYBER PAKHTUNKHWA, PESHAWAR, ETC.
|
| Respondents |
HABIB ULLAH
|
| Citations |
2021 SLD 2175,
2021 PLJ 285
|
| Other Citations |
PLD 2020 SC 1021
|
| Laws Involved |
Anti Terrorism Act, 1997,
Constitution of Pakistan, 1973
|
| Sections |
21-F,
45
|