2010 PLP 1835 (MLD)
ANWAR SHAH — Petitioner Versus PROVINCE OF KHYBER PAKHTUNKHWA through chief Secretary and 8 others — Respondents
| Citation | 2010 PLP 1835 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ANWAR SHAH — Petitioner Versus PROVINCE OF KHYBER PAKHTUNKHWA through chief Secretary and 8 others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1835 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2010 PLP 1835 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1835 (MLD) (ANWAR SHAH — Petitioner Versus PROVINCE OF KHYBER PAKHTUNKHWA through chief Secretary and 8 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Qasim Khattak for Petitioner.
Headnotes / Summary
Ss. 401 & 402-C
Superintendent Jail had stated that on acquiring higher educational qualifications, petitioner/ convict had been granted remission upto six years
Said opinion had been solicited from the Law Department as to whether the "Sanad" of "Wafaq-ul-Madaaris", which the petitioner had acquired, was equal to a degree of graduation and in that case his case for further remission would be considered
Superintendent Jail was directed that if the opinion had been received and under the law and rules the petitioner was found entitled to further remission, same should be granted to him without any further delay
Remission granted during period of detention was to be granted to the prisoner.
Judgment & Decree
DOST MUHAMMAD KHAN, J.
On 3-6-2010 Muhammad Naeem, Assistant Superintendent Jail, appeared and stated that on acquiring higher educational qualification, the petitioner-convict namely Anwar Shah, has been granted remission upon six (6) years, however, opinion has been solicited from the Law Department as to whether the "Sanad" of "Wafaq-ul-Madaaris", he has acquired, is equal to a degree of graduation and in that case his case for further remission would be considered.
2. We direct the Superintendent Jail that if the opinion has been received and under the law and rules the petitioner is found entitled to further remission; those should be granted to him without any further delay. Needless to remark, that the Hon'ble apex Court in a latest view has, held, that the remission granted during period of detention are to be granted to the prisoner, hence, the Jail authorities may seek guidance from the said judgment. Petition stands disposed of accordingly. H.B.T./253/P Order accordingly.