AMAN ULLAH KHAN vs FEDERATION OF PAKISTAN through Secretary Law Foreign judgment — 2025 PLD 274 ISLAMABAD

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AMAN ULLAH KHAN VS FEDERATION OF PAKISTAN through Secretary Law Foreign judgment---Scope---Foreign judgment is given recognition in International law on the basis of principle of reciprocity and comity that gives rise to rights and obligations. Citation Name: 2025 PLD 274 ISLAMABADBookmark this Case AMAN ULLAH KHAN VS FEDERATION OF PAKISTAN through Secretary Law S. 12---agreement between the Government of the United Kingdom of Great Britian and Nothern Ireland and the Government of the Islamic Republic of Pakistan on the Transfer of Prisoners, 2007, arts. 3 & 7---Transfer of prisoners---Petitioners sought indulgence of High Court for passing of direction in order to transfer to Pakistan, prisoners from United Kingdom under Transfer of Offenders Ordinance, 2002, who were convicted by the Courts in United Kingdom and were serving their sentence in UK prisons---Validity---authorities had submitted final report that prisoners concerned had been transferred from United Kingdom and were shifted to Pakistan to serve their remaining sentences under the law---High Court directed Secretaries of Ministries of Interior and Foreign affairs as well as Pakistani High Commission authorities in the UK to arrange a designated telephone number with a notified officer for weekly contact with prisoners whose repatriation cases were pending---High Court also directed that consular access must be given to every prisoner and report be transmitted through Ministry of Foreign affairs to concerned Court or Ministry of Interior to be placed before competent authority and copy thereof may also be transmitted to family members of the prisoner, who were pursuing for transfer to Pakistan---High Court directed High Commission, Embassy, Foreign Mission of Pakistan in the foreign country to compile data of every prisoner who was a Pakistani citizen and maintain record for the purposes of information to Ministry of Interior comprising of health, legal services, and other psychological conditions of the prisoner including but not limited to protection of human rights---In every case of transfer of offender, date of release must be mentioned as date notified by foreign Court or by the authority, based upon judgment passed by competent Court of foreign jurisdiction as a date of release in the correspondence/reciprocity report---Reciprocity report must be submitted within the time frame fixed in law as well as in the agreement to ensure confidence of transferring State---Judgment of foreign Court should be considered final and its vires could not be challenged before any Court of Pakistan after transfer of prisoner to Pakistan---after transfer, prisoner should be treated as per law of Pakistan---Prisoners who had been transferred under Transfer of Offenders Ordinance, 2002 from any foreign territory must be repatriated to the nearest prison of their permanent abode/place of residence in order to give easy access to family members or on the request of the offender after reaching Pakistan---In case of any transferred prisoner, jail authorities should inform Ministry of Interior about exact date of release and in such regard a report should also be transmitted through Ministry of Foreign affairs to transferring state who had transferred the prisoner under Transfer of Offenders Ordinance, 2002 or under agreement---Constitutional petition was disposed of accordingly. Citation Name: 2025 PLD 274 ISLAMABADBookmark this Case AMAN ULLAH KHAN VS FEDERATION OF PAKISTAN through Secretary Law S. 12---agreement between the Government of the United Kingdom of Great Britian and Nothern Ireland and the Government of the Islamic Republic of Pakistan on the Transfer of Prisoners, 2007, arts. 3 & 7---Transfer of prisoners---Object, purpose and scope---Shared goal of encouraging social rehabilitation by enabling prisoners to serve their sentences closer to their communities has been underscored by Bilateral agreement between the UK and Pakistan on the Transfer Prisoners of 2007---"Post-transfer considerations" as well have been covered under Bilateral agreement between the UK and Pakistan---Key conditions included in Bilateral agreement between the UK and Pakistan are mutual consent of both states, finality of sentence, minimum of six months remaining in sentence (with exceptions for special cases), and prisoner's consent unless incapacitated---Offense for which prisoner was convicted must be recognized as a criminal act in both jurisdictions---Transfer process is facilitated through central authorities, namely Ministry of the Interior for Pakistan as mentioned in art. 3 of Bilateral agreement between the UK and Pakistan and the relevant prison services for the UK---Under art. 9 of Bilateral agreement between the UK and Pakistan, law of receiving state (Pakistan) should govern continued enforcement of sentence after transfer and it equates with S. 12 of Transfer of Offenders Ordinance, 2002 (domestic legislation of Pakistan)---Only transferring state has the power to review the judgment.

AMAN ULLAH KHAN vs FEDERATION OF PAKISTAN through Secretary Law Foreign judgment — 2025 PLD 274 ISLAMABAD

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