INSPECTOR GENERAL OF PRISON, KHYBER PAKHTUNKHWA, PESHAWAR vs HABIB ULLAH Ss — 2021 SCMR 1 SUPREME-COURT

Case information

Citation: 2021 SCMR 1 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: INSPECTOR GENERAL OF PRISON, KHYBER PAKHTUNKHWA, PESHAWAR vs HABIB ULLAH Ss
Subject matter: Criminal
Provisions referred to: S. 10; Anti-Terrorism Act

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

INSPECTOR GENERAL OF PRISON, KHYBER PAKHTUNKHWA, PESHAWAR VS HABIB ULLAH Ss. 6(b) & 21-F--- Offence of Zina (Enforcement Of Hudood) Ordinance (VII of 1979), S. 10(3)---Constitution of Pakistan, Art. 45---Khyber Pakhtunkhwa Prison Rules, 2018, Rr. 204, 211 & 216---Convict convicted under the Anti-Terrorism Act, 1997 and Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Remissions, grant of---Section 21-F of the Anti-Terrorism Act, 1997 barred the award of any remission in the sentence of a person convicted under the said enactment---Offence of Zina (Enforcement of Hudood) Ordinance, 1979 on the other hand provided no such bar on the grant of remission in the sentence of a person convicted for any offence thereunder---However remission granted under Art. 45 of the Constitution would not be extended to convicts serving a sentence under S. 10 the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---In so for as the remissions permissible under the Khyber Pakhtunkhwa Prison Rules, 2018, the convict was entitled to be granted the same but after serving his sentence for the conviction under the Anti-Terrorism Act, 1997---Petition for leave to appeal was partly allowed accordingly.

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