| Case ID |
209f2960-6b79-4559-aeb9-175d7f43ff40 |
| Body |
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| Case Number |
S-799 of 2001 |
| Decision Date |
Jul 04, 2003 |
| Hearing Date |
May 26, 2003 |
| Decision |
The Sindh High Court accepted the review application filed by the petitioner, Muhammad Afzal Soomro, against the order dated 2-10-2001, which had previously dismissed the constitutional petition challenging the illegal release of respondents Nisar Ahmad Mahesar and Javed Memon. The court found that the respondents had not completed the mandatory minimum sentence required under Rule 140 of the Jail Manual Law. The court declared the remission granted to the respondents as illegal and improper, ordering their remand to jail to serve the remaining sentences. Additionally, the court issued show-cause notices to the jail authorities for their roles in the improper release of the respondents. |
| Summary |
This case involves a review application regarding the illegal release of two convicts, Nisar Ahmad Mahesar and Javed Memon, who were sentenced to life imprisonment for murder. The petitioner, Muhammad Afzal Soomro, argued that the release was contrary to the Prison Rules, specifically Rule 140, which mandates that lifers must serve a minimum of fifteen years. The High Court found that the respondents had only served a fraction of their sentence and had not paid the required compensation to the victims' families. The court's decision emphasized the importance of adhering to legal procedures regarding remission and the rights of victims, setting a precedent for how similar cases should be handled in the future. This case highlights issues surrounding the justice system in Pakistan, including the adherence to legal norms and the protection of victims' rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL SOOMRO, J,
NAVEEDUDDIN KHOKHAR
|
| Lawyers |
G.D. Shahani, Addl. A.G.,
Sher Muhammad Shar, A.A.G.
|
| Petitioners |
MUHAMMAD AFZAL SOOMRO
|
| Respondents |
NISAR AHMAD MAHESAR,
JAVED MEMON
|
| Citations |
2004 SLD 2718,
2004 PLD 99
|
| Other Citations |
Ahmed and others v. The State 2002 SCMR 1611,
Hakim Khan and 3 others v. Government of Pakistan through Secretary Interior and others PLD 1992 SC 595,
Habib-ul-Wahab Al-Khairi and others v. Federation of Pakistan through Secretary, Ministry of Justice, Law and Parliamentary Affairs. Islamabad PLD 1991 FSC 236,
Inayat Bibi v. Amjad Ali and others 2001 PCr.LJ 1453,
Muhammad Meer and others v. Abdul Qadir and 2 others 1998 PCr.LJ 921,
Ahmed and others v. The State PLJ 2002 SC 1010
|
| Laws Involved |
Prison Rules, 1978,
Constitution of Pakistan, 1973,
Civil Procedure Code, 1908,
Criminal Procedure Code, 1898
|
| Sections |
140(1),
217(2),
199,
114,
401(2)
|