| Case ID |
393f1ef6-a029-49da-9064-7c3028ae7da9 |
| Body |
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| Case Number |
Criminal Accountability Appeal No. 38 of 2012 |
| Decision Date |
Mar 13, 2013 |
| Hearing Date |
|
| Decision |
The court allowed the application for remission for the appellant, ruling that the rights to remission had accrued at the time of arrest and that subsequent changes in law should not retroactively affect those rights. The Superintendent Jail was directed to grant remission according to Jail Rules. This decision emphasized that laws should not take away pre-existing rights without clear intentions expressed in the new legislation. |
| Summary |
In the case of Abdul Qadir Tawakkal vs. The State, the Sindh High Court addressed the issue of remission of sentence under the National Accountability Ordinance, 1999. The appellant, who was arrested in 1996 and initially tried under a different ordinance, argued that he was entitled to remission based on the laws in effect at the time of his arrest. The court found that the introduction of section 10(d) of the Ordinance, which prohibited remission, did not have retrospective effect and thus the appellant's rights to remission were preserved. This case highlights the legal principles concerning the retroactive application of laws and the protection of rights accrued under previous legal frameworks. The ruling reinforces the notion that changes in law cannot deprive individuals of rights that existed when the legal action commenced, thus ensuring justice and fairness in legal proceedings. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SAJJAD ALI SHAH,
NAIMATULLAH PHULPOTO
|
| Lawyers |
Shahab Sarki,
Zulfiqar Ali Langah,
Shahnawaz M. Sahito,
Noor Muhammad Dayo
|
| Petitioners |
ABDUL QADIR TAWAKKAL
|
| Respondents |
THE STATE
|
| Citations |
2013 SLD 2322 = 2013 PLD 481
|
| Other Citations |
M. Aslam Mouvia v. Home Secretary PLD 2011 Lah. 323 rel.,
Shah Hussain v. State PLD 2009 SC 460 ref.
|
| Laws Involved |
National Accountability Ordinance, 1999
|
| Sections |
10(d),
16A
|