MIAN SHAKIRULLAH JAN, J.--- Through the impugned judgment the High Court while allowing the petition, has declared section 21-F of the Anti-Terrorism Act, 1997 as ultra vires of the Constitution and liable to be struck down and directed the jail authorities to calculate the remissions which were clogged by section 21-F of the said Act. At the very outset, the learned Additional Advocate General has contended that as the vires of the Act was under consideration and the High Court ought to have issued notice to the Advocate General as required under Order XXVII-A, C.P.C. And as such the impugned judgment is liable to be set aside on this ground. The learned Deputy Attorney General present in Court has supported the stance taken by the Additional Advocate General and has also relied on the case titled Federal Public Service Commission v. Syed Muhammad Afaq (PLD 2002 SC 167) whereby the judgment was set aside and the case was remanded back to the High Court for decision afresh on the sole ground of non-issuance of notice to the Advocate-General by the High Court.
2. Mr. Ilyas Siddiqui, learned counsel for the respondent has no civil to the aforesaid legal proposition.
3. In view of the above legal proposition, we convert this petition into an appeal and allow the same. The judgment of the High Court is set aside and the Writ Petition is remanded to the High Court for its decision afresh after issuance of notices to the Advocate General and Attorney- General for Pakistan.