the rules framed thereunder. Combined effect of Rs. 217 and 140
of the Pakistan Prison Rules, 1878 is that ordinarily the total
remissions given to someone, who has been sentenced to life
imprisonment, cannot shorten the period of, sentence of a convict
to less than 15 years Principles. Life imprisonment. Definition.8
Grant off emission. Accused persons convicted under Hadd or
Qisas. Non-payment of compensation to the legal representatives
of the deceased. Failure to seek permission of trial Court.
Authorities while granting huge remission i.e. more than 18 years
did not make reference to the concerned trial Court for granting
remission/releasing the accused persons but granted remission and
released them.
Accused persons had not paid the compensation amount to
the legal representatives of the deceased and Daman amount to
injured complainant. Effect. Authorities were duty bound to
inform the trial Court about recovery of the amount before
releasing the accused persons but same was not done and accused
were released straightaway which seriously prejudiced the legal
representatives of deceased and injured complainant as well as
caused injustice to them. Authorities ignored that not only the
appeal of the accused
8.
PLD 1968 Lah. 1 and (1962) All. ELR 246 ref. PLD 2006 SC 365(d).
persons was pending before High Court but revision of the
petitioner against the accused persons for enhancement of sentence
from, life imprisonment to death was also pending. Accused
persons had served only 6 years 3 months sentence and they had
been granted remission for more than 18 years. Such remissions
were illegal, improper and the accused persons were remanded to
jail to serve out the remaining sentences. Review application was
allowed in circumstances.9
Judgment passed by High Court in exercise of Constitutional
jurisdiction under Art. 199 off the Constitution. Review.
Maintainability. Principles. At the time of dismissal of the main
petition regarding emissions granted to accused persons, proper
facts and law points were not considered. Petitioner sought review
of the judgment and in his review application had mentioned legal
points. Validity. Remission granted by Authorities to the accused
persons was challenged on legal points and. the same points were
not properly brought before the High Court dismissing
the Constitutional petition. Review application was maintainable
55