' KH. IMTIAZ AHMAD, J.---The facts of the present writ petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 are that on 12-7-2006 the petitioner was arrested on the charges of espionage and on 23-10-2007 the petitioner was convicted by a Field General Court Martial of the offences under section 2(1)(d) of the Pakistan Army Act, 1952, read with section 3 of the Official Secrets Act, 1923 and was sentenced to 7 years' rigorous imprisonment. Thereafter, the petitioner filed Writ Petition No,1239 of 2010 for the extension of benefit of section 382-B, Cr.P.C.
Which was allowed by this Court vide order dated 22-6-2010. Now through the present petition the prayer of the petitioner is that he had donated 4 time blood for which under the Prisons Rule 114, one month remission for donation of blood and after every month six days are counted towards remission of sentence which has been illegally refused by the Jail authorities. The comments were called which had been submitted by the Jail authorities contending therein that the petitioner is not entitled for any such remission i.e, the donation of blood.
2. The learned counsel for the petitioner contended that under rule 212 of the Pakistan Prisons Rules since the petitioner has donated the blood for 4 times so he is entitled for the remission as contained in rule 212.
3. On the other hand, the learned Assistant Advocate-General refer to Rule 201-A of the Prisons Rules to substantiate that the said remissions are not available to the petitioner.
4. The learned counsel for the petitioner has placed reliance upon the case of Shah Hussain v. The State (PLD 2009 SC 460). On the other hand, the learned AAG has also placed reliance upon the same judgment.
5. Arguments heard, record perused.
6. First of all it is appropriate to reproduce the Rule 212 which reads as under:-- "A convicted prisoner subject to his medical fitness shall be allowed to donate blood and for such donation he shall be awarded thirty days extra remission.
(ii) The number of times a prisoner shall be allowed to donate blood and earn remission therefore shall be in accordance with the Table II below:-- TABLE II Period of ImprisonmentNature of imprisonment Simple or rigorous in lieu of fineInterval permissible between each donationExtent of donation 1 month upto 6 MonthsSimple/rigorous or in Lieu of fine. Once only Exceeding 6 months Upto 5 yearsSimple or rigorous or in lieu of fineSix months Three times Exceeding 5 years and above.Rigorous Six months Four times
(iii) Remission granted under this rule:-
(a) is not liable to forfeiture, like ordinary remission, and
(b) shall be exclusive of the limit of one-third remission prescribed under rule 217".
' "Now the perusal of this rule clearly shows that if the convicted prisoners donate blood then he is entitled for extra remission as provided in the said rule. It is also appropriate to reproduce Rule 201- A which reads as under:- "Not withstanding anything contained in these rules, a person convicted under the charge of espionage/anti-state activities shall not be entitled to ordinary and special remission unless Federal Government or the Provincial Government or competent authority makes a specific order in writing in this behalf".
The perusal of above said rule clearly shows that even if anything is contained in these rules i.e, The Pakistan Prisons Rules even then the provision of this rule i.e, 201-A would prevail. This rule clearly provides that when a person convicted under the charge of espionage anti-state activities, he shall not be entitled to ordinary and special remission unless Federal Government or the Provincial Government or competent authority makes a specific order in writing in this behalf. Now this rule clearly excludes the provisions of Rule 212.
7. As far as the case-law cited and Defied upon by both the parties is concerned, it is appropriate to reproduce the para No,41 of the judgment in which the august Supreme Court held as under:-- "In view of the above discussion, our conclusions and directions are as under:--
(1) ----------------------------------------
(2) ----------------------------------
(3) The convict-prisoners who are granted the benefit of section 382-B, Cr.P.C., shall be entitled to remissions granted by any authority in their post-sentence detention or during their pre-sentence detention in connection with such offence.
' However, the same shall not be available to the convicts of offences under the National Accountability Bureau Ordinance, 1999 Anti-Terrorism Act, 1997, the offence of Karo Kari, etc., where the law itself prohibits the same.
(4).
8. The learned counsel for the petitioner has tried to make up the case on the basis that the remission can only be denied to the convicts of offence under the National Accountability Bureau Ordinance, 1999 Anti-Terrorism Act, 1997, the offence of Karo Kari. However the contention of learned counsel for the petitioner is devoid of force since after the word Karo Kari the august Supreme Court of Pakistan has used the word 'etc' meaning thereby that there might be other offences where the law itself prohibits the same. In view of the special embargo contained in Rule 201-A of the Pakistan Prisons Rules, the petitioner is not entitled for the remissions as Contained in Rule 212 of the Pakistan Prisons Rules.
9. In view of what has been said above this petition has no force and the same stands dismissed.