1. ' ABDUL KADIR SHAIKH, C. J.-Petitioner's father and his maternal uncle namely, Ghulam Kadir son of Khayali Sabzari, and Mir. Muhammad s/o Khan Muhammad Sabzari were tried by the Sessions Judge, Jacobabad, under section 302/34, P. P. C. In Sessions Case No, 236 of 1968 and were convicted and sentenced to transportation for life, each, by the judgment dated 20th March, 1969.
2. The appeal of the convicts was dismissed by this Court on 21st February, 1972, and the petition for Special Leave to Appeal to the Supreme Court was also dismissed on 13th July, 1972. The grievance of the petitioner is that the sentences of transportation for life passed on the convicts have wrongly been treated as life imprisonment, with the result that they are to undergo the jail sentences for a longer period. The petitioners therefore, pray that declaration be granted to the effect that the jail sentences imposed upon them are to be treated as transportation for life to be governed by rule 22
(2) of the West Pakistan Prisons Remissions of Sentence Rules.
3. 1965. In other words, the contention raised by the learned counsel for the petitioner is that the commutation of the sentence of transportation for life is to be made according to the provisions of sections 55 and 57, Pakistan Penal Code, before these sections were amended by the Law Reforms Ordinance, 1972.
4. ' The contention raised by the learned counsel for the petitioner is unassailable and has the support of the decision of the Supreme Court in Abdul Rehman v. The State (1) in which it has been categorically held that "no law could authorize punishment of a person for an offence by a penalty greater than the penalty prescribed by law for the offence at the time the offence was committed.
5. Learned Advocate-General appearing for the State also concedes to this position, and very rightly so, and we, therefore, hold that the two convicts are to be governed in the matter of the sentences awarded to them on basis of the law that prevailed on the day on which the sentences and the convictions were recorded against them by the Sessions Judge, Jacobabad. We order accordingly and allow this petition with no order as to costs.
(1) 1978 SCMR. 292