Espionage convicts entitled to education remission: PHC.

Byline: Waseem Ahmad Shah

PESHAWAR -- The Peshawar High Court has ruled that the government can grant remission in sentences to the convicts of espionage and anti-state activities on the basis of their degrees secured in detention.

In a detailed verdict on 14 petitions of convicts, a larger bench consisting of Justice Lal Jan Khattak, Justice Ishtiaq Ibrahim and Justice Ijaz Anwar ruled that the ban imposed under the Prison Rules, 1978, on sentence remission for convicts of espionage and anti-state activities is not applicable to education remission.

Justice Lal Jan Khattak, Justice Ishtiaq Ibrahim and Justice Ijaz Anwar ruled that Rule 201-A and 214-A of the prison rules placed embargo on the grant of ordinary and special remissions to convicts under the charge of espionage/anti-state activities but there was no mention in these rules of educational remission provided to prisoners who acquire different category of education in the prison.

'Education remission is an independent provision of the Prison Rules, which is covered neither by Section 201 (ordinary remissions) nor by Section 214 (special remissions). Section 201-A and 214-A places embargo on the grant of ordinary and special remissions only, while there is nothing in those provisions about the refusal of education remissions and its seems quite logical and reasonable for the reason that those persons who are convicted of the offences referred above can transform themselves into good citizens by getting proper education, so they can lead a respectable and changed life after serving the sentence,' it added.

The court ruled that the refusal of education remissions under prison rules 201-A and 214-A would not be applicable to the prisoners undergoing the sentence for the offences of espionage/anti state activities except in the cases in which the particular law has placed clog on the same in unequivocal terms.'

Court rules that remission different from those banned under prison rules

The bench had reserved judgment in 14 petitions filed by different categories of prisoners, including those convicted under the Anti-Terrorism Act on Mar 13 after the completion of arguments.

It recently released a detailed judgment disposing of petitions with different directions.

The judgment authored by Justice Ishtiaq Ibrahim declared that the presidential remission under Article 45 of the Constitution won't apply to prisoners, who were specifically excluded by the notifications granting remissions.

It...