MUHAMMAD KHALID KHAN vs INSPECTOR GENERAL OF PRISONS, KHYBER PAKHTUNKHWA S — 2021 MLD 232 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 232 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD KHALID KHAN vs INSPECTOR GENERAL OF PRISONS, KHYBER PAKHTUNKHWA S
Subject matter: Criminal
Provisions referred to: S. 21-F; Anti-Terrorism Act; Amending Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD KHALID KHAN VS INSPECTOR GENERAL OF PRISONS, KHYBER PAKHTUNKHWA S.21-F [as inserted by Anti-Terrorism (Amendment) Ordinance (XXIX of 2001)]---Remissions---Entitlement---Date of F.I.R.---Scope---Petitioner was convicted by Trial Court under Anti-Terrorism Act, 1997, and his grievance was that benefit of remissions was denied to him---Validity---Anti-Terrorism (Amendment) Ordinance, 2001 was published on 15-8-2001 in this Gazette of Pakistan, Extraordinary, Part-I; case against petitioner was registered prior to the promulgation of Amending Ordinance--- Registration of F.I.R. was prior in time, as such, provisions of Amending Ordinance could not be applied to the case of petitioner retrospectively--- Law existed at the time of registration of F.I.R. was to be applicable to the case of petitioner who was entitled for remissions--- High Court directed the authorities to grant remissions to petitioner under the law prevailing at the time of registration of the case---Constitutional Petition was allowed in circumstances.

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