' IJAZ AHMAD CHAUDHRY, J.---Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, the petitioner seeks a direction to respondent No,2 to include remissions prior to the amendment available to the petitioner.
2. The brief facts in this writ petition are that the petitioner was convicted under the NAB Ordinance in a NAB Reference and sentence to seven years' R.I. With a benefit of section 382-B, Cr.P.C.vide judgment, dated 25-4-2001. According to the petitioner he was entitled to remissions under section 401, Cr.P.C. As well as granted by the President of Pakistan and other competent authorities from time to time to the prisoners.
3. It is contended by the learned counsel for the petitioner that the amendment was brought under section 10(d) of the NAB Ordinance, 1999 on 23-11-2002 through which the remissions have been disallowed to the convicts in NAB Reference which cannot be applied with retrospective effect and as the petitioner was convicted on 25-4-2001 he cannot be refused the remissions which he had earned during the intervening period.
4. On the other hand learned Standing counsel opposes this writ petition on the ground that the Interior Ministry had issued letter, dated 22-12-2001 through which the remissions were disallowed to a convict under the NAB Ordinance and as such the remission cannot be claimed by the petitioner.
5. It is also contended on behalf of the petitioner that the said letter has no sanctity which has not been issued prior to the announcement of the judgment and it has not been applied to the petitioner.
6. I have heard the learned counsel for the parties and also perused the report and parawise comments submitted by respondent No,2 and the letter issued on 22-12-2001 through which the convicts of NAB cases were disallowed remissions on auspicious occasions. Learned counsel has tried to question the authenticity of the said letter while ignoring that the presumption is attached to official acts and the said letter can be applied unless something is brought on the record against the issuance of the said letter by the competent authority. In this view of the matter, the Jail Authorities are directed to include the remissions earned by the petitioner from the date of his conviction i.e, 25-4-2001 to 22-12-2001 when thesaid letter was issued on the said date as no such restriction had been imposed during the said intervening period of undergoing the sentence by the petitioner. It is also directed to the Jail Authorities not to include the remissions granted on auspicious occasions and if the petitioner is, found to have earned remissions under the other provisions for the remaining period till 23-11-2002 that cannot be taken away as well. However, the petitioner will not be entitled to the remissions after 23-11-2002, when the amendment has been brought under section 10(d) of the NAB Ordinance, 1999.
7. With the above direction this petition stands disposed of.