| Case ID |
639d9357-c1bd-49e1-9a44-1ade464f670b |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 3970-P of 2018 |
| Decision Date |
Dec 20, 2018 |
| Hearing Date |
|
| Decision |
The court dismissed the petitioner's request for further remission and parole. The petitioner had already received multiple remissions totaling 68 months and had not completed the required ten years of substantive sentence. The power for conditional release based on good conduct lies exclusively with the Provincial Government. The petitioner was advised to seek redress through the appropriate governmental channels rather than invoking constitutional jurisdiction. |
| Summary |
This case involved Salamatullah, who sought parole and remission of his life sentence under the Good Conduct Prisoners Probational Release Act, 1926, citing blood donation and good conduct as grounds for his request. The Peshawar High Court, presided over by Justices Rooh-ul-Amin Khan and Muhammad Ayub Khan, examined the merits of the petition. The court found that the petitioner had already received substantial remissions and had not served the minimum required time for eligibility for parole under the relevant laws. The decision emphasized the exclusive jurisdiction of the Provincial Government in matters of conditional release for good conduct, thereby rejecting the petitioner's request for constitutional relief. This case highlights the legal framework surrounding parole and remission in Pakistan, particularly in narcotics-related offenses, and underscores the importance of following due process in seeking such relief. Keywords: parole, remission, good conduct, narcotics law, constitutional jurisdiction. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan,
Muhammad Ayub Khan
|
| Lawyers |
Ghulam Mohyuddin Malik,
Rab Nawaz Khan
|
| Petitioners |
Salamatullah
|
| Respondents |
State through Advocate General Khyber Pakhtunkhwa and 3 others
|
| Citations |
2019 SLD 1727 = 2019 PCRLJ 1119
|
| Other Citations |
Not available
|
| Laws Involved |
Good Conduct Prisoners Probational Release Act, 1926,
Control of Narcotics Substances Act, 1997,
Constitution of Pakistan, 1973,
Good Conduct Prisoners Probational Release Rules, 1927
|
| Sections |
2,
5,
9(c),
199,
R.9
|