2007 PLP 1368 (YLR)

MUHAMMAD JEHANGIR ARSHAD, J.

The petitioner is a convict in case F.I.R. No.228 of 1989 dated 1-8-1989 under sections 302, 307 and 34, P.P.C. Police Station, Multan Cantt. After trial he was convicted by the learned Sessions Judge, Multan and vide judgment dated 27-11-1999 he was awarded punishment of imprisonment for life with fine of Rs.10,000.

2. The grievance of the petitioner in this petition is that he was allowed remission as an under-trial prisoner but the same has now been withdrawn by the Superintendent New Central Jail, Multan in view of the memo. issued by the Inspector-General of Police Punjab dated 5-5-2005 in the light of the judgment of the Supreme Court of Pakistan in the case of "Haji Abdul Ali v. Haji Bismillah and 3 others" PLD 2005 SC 163.

3. The contention of the learned counsel for the petitioner is that with all respect to the dictum laid down by the Honourable Supreme Court of Pakistan in the cited judgment it is equally an established law that a benefit once given and enjoyed cannot be withdrawn as the same becomes a past and closed transaction. To support his contention learned counsel has placed reliance on a Division Bench judgment of this Court wherein it has been held by this Court that remission once added to the credit of the convict cannot be withdrawn as the above referred judgment of the Honourable Supreme Court of Pakistan is meant for future cases and has got no retrospective effect.

4. As directed by this Court on 29-9-2006 report has been submitted through Ali Akbar, Assistant Superintendent, New Central Jail, Multan and it has been conceded in the report that 10 months and 15 days remission granted to the petitioner during the period of his trial has now been withdrawn in the light of the abovementioned Circular dated 5-5-2005 issued by Inspector General Police (Prisons) Punjab, Lahore and further a period of-one year and three months has also been withdrawn in the light of the order issued by Home Secretary, Government of the Punjab on 29-6-2006. Ali Akbar, Assistant Superintendent, New Central Jail, present in Court, submits that both these remissions were added in the credit of the petitioner as an under-trial prisoner.

5. Admittedly the petitioner was convicted on 27-11-1999 and before or on the said date whatever remission he earned to-be considered as under-trial period in the light of the above mentioned judgment of the Division Bench of this Court passed in Writ Petition No.18205 of 2006 titled as "Muhammad Arif v. Superintendent New Central Jail, Kot Lakhpat. This writ petition is accordingly allowed and the remissions earned by the petitioner and added to his credit before the judgment of the Honourable Supreme Court of Pakistan are declared as valid and shall remain intact. Disposed of. H.B.T./N-26/L???????????????????????????????????????????????????????????????????????????????????? Order accordingly.