| Case ID |
2aededed-8f1c-482b-bca3-de36fe335ece |
| Body |
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| Case Number |
Writ Petition No.4775 of 2000/BWP |
| Decision Date |
Jan 23, 2001 |
| Hearing Date |
Jan 23, 2001 |
| Decision |
The Lahore High Court, in a significant ruling, determined that the petitioners, convicted under section 392/34 of the Penal Code, were entitled to remission as per the notifications issued by the Government. The court found that the notifications excluding convicts of certain offences did not apply to the petitioners as their offence did not fall within the defined scope of dacoity under section 395. Therefore, the Superintendent of the New Central Jail, Bahawalpur, was directed to grant remission to the petitioners as admissible under the relevant notifications, thereby accepting the constitutional petition filed under Article 199 of the Constitution of Pakistan. |
| Summary |
In the case of Writ Petition No.4775 of 2000/BWP, the Lahore High Court addressed the issue of remission for convicts under specific sections of the Penal Code. The petitioners, convicted for robbery under sections 392/34, sought relief from the court as the Government's notifications pertaining to remission excluded certain offences. The court carefully analyzed the definitions of robbery and dacoity, concluding that the petitioners' convictions did not fall under the prohibited categories in the notifications. This landmark decision underscores the importance of judicial interpretation in the application of penal laws and the rights of convicts to benefit from government provisions for remission. The ruling emphasizes the court's role in safeguarding the rights of individuals against arbitrary exclusions in legal frameworks, ensuring that justice is served in accordance with the law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHEIKH ABDUR RAZZAQ, J
|
| Lawyers |
Ch. Abdul Ghaffar Bhuttoa
|
| Petitioners |
Raja SHAHID,
Khushal Khan,
Abid Mahmood,
Miraj Din
|
| Respondents |
SUPERINTENDENT, NEW CENTRAL JAIL, BAHAWALPUR
|
| Citations |
2001 SLD 1009,
2001 PCRLJ 811
|
| Other Citations |
Not available
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
392,
34,
199
|