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ASAD JAVED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior Ss — 2022 PLD 206 ISLAMABAD

Case information

Citation
2022 PLD 206 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PLD
Parties
ASAD JAVED vs FEDERATION OF PAKISTAN through Secretary, Ministry of Interior Ss
Subject matter
Criminal
Provisions referred to
S. 4---R; Probational Release Act (X of 1926); Offenders 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

ASAD JAVED VS FEDERATION OF PAKISTAN through Secretary, Ministry of Interior Ss. 9(1) & 9(2)---Good Conduct Prisoners' Probational Release Act (X of 1926), S. 4---Release on parole---Convict transferred from abroad---Petitioner was convicted in United Kingdom and sentenced for 25 years of imprisonment---After serving six years and eight months in UK, petitioner was shifted to Pakistan to serve his remaining sentence---Petitioner sought his release on parole as he had served more than one half of the sentence awarded to him---Validity---Petitioner was well within his rights to have applied to Competent Authority (Secretary of Ministry of Interior) seeking his release on parole---High Court had earlier directed the Authority to decide application of petitioner by a speaking order---Competent Authority could not have washed his hands of his obligation to have referred his case to relevant Parole Officer along with necessary documentation received from Ministry of Foreign Affairs as well as authorities in UK regarding legal nature and duration of his sentence for a decision on application of petitioner for release on parole---High Court set aside order passed by Competent Authority to the extent whereby petitioner was left to approach relevant Provincial authorities through jail administration---High Court also set aside order passed by Parole Officer to the extent whereby assumption of jurisdiction for deciding application of petitioner for release on parole was declined on the ground that matters related to remissions/ release of prisoners transferred under Transfer of Offenders Ordinance, 2002, were not to be dealt by Parole Officer and petitioner's application for remissions/parole was to be dealt with by Provincial Government where petitioner was under detention---High Court directed the Competent Authority to reconsider petitioner's application---Petition was disposed of accordingly.

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