| Case ID |
2bfe09b5-7257-4564-8e7c-8289bec9eaff |
| Body |
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| Case Number |
Writ Petition No. 39042 of 2019 |
| Decision Date |
Dec 08, 2022 |
| Hearing Date |
Dec 08, 2022 |
| Decision |
The Lahore High Court allowed the constitutional petition, directing that the sentences in both trials run concurrently. The petitioner had undergone significant hardship, having already served over 24 years of imprisonment. The court emphasized the need to interpret punitive law in a way that favors the liberty of individuals, especially in cases of undue hardship. The decision highlighted the importance of applying discretion in sentencing to mitigate hardship, ultimately allowing the petitioner relief by running the sentences concurrently. |
| Summary |
This case involves a writ petition filed by Shoukat Ali against the I.G. Prisons and others concerning the interpretation of punitive laws under the Criminal Procedure Code (V of 1898), the Pensions Act, 1871, and the Anti Terrorism Act, 1997. The Lahore High Court ruled in favor of the petitioner, allowing for a concurrent sentence due to the significant time already served. The judgment underscores the principle of liberty within the criminal justice system, emphasizing that interpretations limiting personal freedom must be construed strictly. The case references several precedents that support the notion of concurrent sentencing in instances of hardship, asserting that the judicial discretion ought to be exercised favorably towards the accused. This ruling is significant as it balances the scales of justice, demonstrating a compassionate approach to sentencing in light of the accused's prolonged imprisonment. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD SARFRAZ DOGAR, J
|
| Lawyers |
Not available
|
| Petitioners |
SHOUKAT ALI
|
| Respondents |
others,
I.G. PRISONS
|
| Citations |
2023 SLD 463,
2023 PCRLJ 169
|
| Other Citations |
PLD 2009 SC 460,
PLD 2013 SC 793,
PLD 2015 SC 15,
2017 SCMR 307,
1987 SCMR 1382,
1986 SCMR 1573,
1986 SCMR 1627,
2018 SCMR 418
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Pensions Act, 1871,
Anti Terrorism Act, 1997
|
| Sections |
35,
397,
302(b),
324,
427,
148,
7(c)
|