PESHAWAR: Suspension of Kundi's jail term challenged
By Bureau Report
PESHAWAR, Aug 25: The Peshawar High Court on Wednesday admitted for full hearing a writ petition filed by the federal government through the Anti-Narcotics Force
, challenging the NWFP government's notification of suspending prison term of a convicted drug trafficker, Amanullah Kundi.
A two-member bench comprising Chief Justice Nasirul Mulk and Justice Qazi Ahsanullah Qureshi ordered that the petition be fixed for hearing during the last week of September.
Deputy attorney general Salahuddin Khan appeared for ANF and contended that Amanullah Kundi, a former provincial minister, had been convicted in Karachi, therefore, under the Criminal Procedure Code the Sindh government was competent to suspend the prison term and not the NWFP government.
Additional advocate general Muhammad Saeed, representing the provincial government, raised objection about the maintainability of the petition, arguing that the ANF had no locus standi to file the instant petition.
Advocate Yahya Afridi appeared for Mr Kundi and contended that as he was imprisoned in the NWFP, therefore the government was competent to suspend his prison term.
Mr Salahuddin Khan contended that the prison term of the convict was suspended on medical ground. He added that there were large numbers of prisoners in various prisons and they should also be treated on a par with Mr Kundi.
He argued that the former minister had been sentenced to 25 years' imprisonment in a narcotics trafficking case in Karachi. He added that after finalization of the sentence, Mr Kundi applied for transfer to the NWFP for undergoing his prison term.
Mr Khan stated that the provincial government remitted the remaining sentence of Mr Kundi a few months ago under section 401 of CrPC, dealing with suspensions, remissions and commutations of sentences.
He argued that under section 401 it was the prerogative of the province where a person was sentenced and that too in consultation with the presiding officer of the court which had passed the sentence or which had decided the appeal.
Mr Saeed argued that the NWFP government had consulted the Sindh government while suspending the prison term of Mr Kundi. He added that the ANF should have included the Sindh government as respondent in the petition.
Mr Yahya Afridi stated that there were three cases against Mr Kundi. He added that two of the cases were withdrawn by the government under section 494 of the CrPC. In the third case in which he was convicted, the provincial government suspended his prison term, he added.
