ISLAMABAD: Federal Shariat Court (FSC) on Thursday admitted a petition for regular hearing seeking remission in the sentence of convicts under the anti-terrorism law and issued notices to the secretary law and inspectors general (prisons) of all the four provinces.

A bench, comprising FSC Chief Justice Dr Syed Mohammad Anwer, heard the human rights application filed by a condemned prisoner, Dr Irfan Iqbal.

Dr Iqabl was convicted under different sections f Pakistan Penal Code and the Anti-Terrorism Act (ATA).

His counsel argued that the amendment in the Anti-Terrorism Act 1997 introduced on August 15, 2001, abolished the remission to a convict sentenced for any offence under Section 21-F of the Act.

Issues notices to law secretary, prisons inspectors general of all provinces

The counsel argued that no remission was being granted to his client despite the fact that he had served rigorous imprisonment and rendered services as per the jail manual.

Earlier, the jail superintendent submitted a detailed report showing that remission in favour of the applicant had been stopped with effect from Jan 27, 2006.

The counsel for the applicant while relying upon some documents issued by the office of the senior superintendent central prison and correctional facility, Karachi, stated that remission was being granted to prisoners convicted under ATA in Sindh.

After hearing the preliminary arguments of the counsel, the court observed that the case was prima facie made out for Shariat petition because the compensation for the labour under any contract or obligation cannot be denied under the Islamic law.

Subsequently, the application was converted into a Shariat petition.

The secretary Ministry of Law and Justice was impleaded as respondent in the case.

The court also issued notices to the inspector generals (prisons) of Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan and adjourned further hearing till the first week of December.

Published in Dawn, November 18th, 2022

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