Prison Remission cannot reduce a life convict’s actual imprisonment below 15 years under the Pakistan Prison Rules, 1978, the Federal Constitutional Court (FCC) has ruled.

A two-member FCC bench led by Justice Rozi Khan Barrech and comprising Justice Syed Arshad Hussain Shah dismissed a petition filed by Suba Khan. The court upheld the Balochistan High Court’s ruling that declared excessive remissions granted to prisoners illegal and void.

Court Upholds Statutory Limit

Justice Barrech said judicial sympathy could not override statutory requirements, particularly in cases involving serious offences.

The court examined Rule 217(ii) of the Pakistan Prison Rules, 1978. The rule requires the cumulative effect of remission to leave a life convict with at least 15 years of actual imprisonment.

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The judges noted that prison authorities can grant remission for good conduct, work and educational achievements. However, those remissions must remain within the limits set by law.

The court said executive authorities cannot use remission powers to reduce a sentence beyond the limits prescribed by the legislature.

Suba Khan’s Case

Suba Khan received a life sentence from the Loralai additional sessions judge on May 26, 2015, under Section 302 of the Pakistan Penal Code. The court also imposed a fine of Rs200,000 and six months’ simple imprisonment in case of default.

According to the prison authorities’ nominal roll dated August 17, 2023, Khan had served nine years, four months and 19 days in prison.

The authorities had credited 15 years, seven months and 18 days of remission to the prisoner’s account. The calculation left only five months and 23 days of imprisonment remaining, subject to payment of compensation.

The FCC found that calculation inconsistent with the governing prison rules. It said the remission could not create an enforceable right when authorities granted it beyond their legal powers.

Court Stresses Rule of Law

The judgment said the remission system supports rehabilitation by rewarding good conduct, work and educational progress.

At the same time, the law must preserve the substance of sentences imposed by courts, the FCC said.

The court noted that the legal framework seeks to balance rehabilitation with the wider interests of criminal justice and public protection.

It also considered comparative legal authorities and international standards on executive clemency and prison remission.

The FCC concluded that prison authorities must administer remission strictly within the limits set by law. It dismissed Suba Khan’s petition.