| Case ID |
5e76963d-5123-42d8-ae31-370ce31cee46 |
| Body |
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| Case Number |
Writ Petition No. 1006-A of 2019 |
| Decision Date |
May 20, 2020 |
| Hearing Date |
May 20, 2020 |
| Decision |
The High Court allowed the writ petition, directing the authorities to grant remissions to the petitioner under the law prevailing at the time of registration of the case. The Court found that the provisions of the Anti-Terrorism (Amendment) Ordinance, 2001 could not be applied retrospectively to the petitioner since the registration of the F.I.R. occurred prior to the promulgation of the Ordinance. The petitioner was deemed entitled to remissions based on the law in effect at the time of the F.I.R. registration. |
| Summary |
This case involves the entitlement to remissions under the Anti-Terrorism Act, 1997, specifically focusing on Section 21-F. The petitioner, Muhammad Khalid Khan, challenged the denial of remissions by the prison authorities. The court examined the implications of the Anti-Terrorism (Amendment) Ordinance, 2001, ruling that since the F.I.R. was registered before the Ordinance came into effect, the petitioner was entitled to the benefits of remissions that were applicable at that time. The decision underscores the importance of adhering to the legal framework existing at the time of a case's registration, ensuring fairness in the application of the law. This ruling emphasizes the principles of justice and the rights of individuals within the penal system, highlighting the need for clarity and consistency in legal interpretations regarding remissions and prisoner rights. |
| Court |
Peshawar High Court, Abbottabad Bench
|
| Entities Involved |
Not available
|
| Judges |
SHAKEEL AHMAD, JUSTICE,
AHMAD ALI, JUSTICE
|
| Lawyers |
Muhammad Asjad Pervez Abbasi for Petitioner,
Raja Muhammad Zubair, AAG,
Tariq Sheikh, Law Officer, Central Prison, Haripur for Respondents
|
| Petitioners |
MUHAMMAD KHALID KHAN
|
| Respondents |
INSPECTOR GENERAL OF PRISONS, KHYBER PAKHTUNKHWA AND ANOTHER
|
| Citations |
2021 SLD 389 = 2021 MLD 232
|
| Other Citations |
Muhammad Nawaz alias Asif alias Phallo v. The Superintendent Central Jail Gujranwala and others 2016 PCr.LJ 989
|
| Laws Involved |
Anti Terrorism Act, 1997
|
| Sections |
21-F
|