| Case ID |
3724b637-ec91-4abb-85c9-b94718451e2f |
| Body |
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| Case Number |
Writ Petition No. 6870 of 2006 |
| Decision Date |
Feb 28, 2007 |
| Hearing Date |
Feb 28, 2007 |
| Decision |
The writ petition was dismissed as the petitioner sought the restoration of a benefit of remission of sentence that had been erroneously granted during his time as an under-trial prisoner. The court established that such benefits could only apply to convicts who had already been sentenced. The petitioner had no vested rights in the remission that had been wrongly applied, and the withdrawal of that remission was upheld in accordance with the law as declared by the Hon'ble Supreme Court of Pakistan. The judgment emphasized that there is no estoppel against the law, and the petitioner could not reclaim a benefit that had been received in contravention of legal principles. |
| Summary |
This case revolves around the legal principles governing the remission of sentences for prisoners, particularly focusing on the distinction between convicts and under-trial prisoners. The Lahore High Court addressed a writ petition filed by a convict who argued that he should be allowed to retain a remission of his sentence that had been mistakenly granted while he was still an under-trial prisoner. The court referenced the Constitution of Pakistan and relevant case law to clarify that remissions are legally applicable only to those who have been formally sentenced. The judgment highlighted the importance of adhering to established legal precedents, particularly those set by the Supreme Court, which are binding on lower courts. By reinforcing these principles, the court dismissed the petition, underscoring that any benefits received in violation of the law cannot be claimed as rights. This case serves as a critical reference for understanding the limitations on the application of remission laws in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA, J
|
| Lawyers |
Sardar Tariq Sher Khan,
Malik Ramzan Khalid
|
| Petitioners |
MUHAMMAD
|
| Respondents |
Ali Akbar,
SUPERINTENDENT, CENTRAL JAIL, BAHAWALPUR,
Malik Ramzan Khalid
|
| Citations |
2007 SLD 694,
2007 PLD 399,
2007 PLJ 745
|
| Other Citations |
PLD 2006 Lahore 561,
PLD 2006 Lah. 587,
PLD 2005 SC 163,
2002 YLR 1902,
2001 PCr.LJ 1453
|
| Laws Involved |
Constitution of Pakistan, 1973,
Criminal Procedure Code (V of 1898)
|
| Sections |
45,
189,
199,
401
|