LAHORE (Muhammad Ashfaq) – The Lahore High Court has dismissed an appeal filed by convict Sagheer Hussain, who was sentenced to 100 years in prison in a murder case.
Justice Amjad Rafiq issued an 11-page detailed verdict on Sagheer Hussain’s petition. The verdict notes that the convict once again approached the court seeking release, claiming he has been imprisoned since 1989.
The high court dismissed his appeal against the sentence, noting that the Supreme Court had earlier converted his death sentence into life imprisonment.
According to the verdict, the Supreme Court ruled that each of the three life sentences must run consecutively. Additionally, Sagheer Hussain was given another life sentence under separate sections, resulting in a total sentence of 100 years.
The judgment states that under the Pakistan Prison Rules of 1978, the convict applied for remission. Due to the 100-year sentence, Sagheer Hussain was able to get 59 years of his sentence remitted. He still has four and a half years of imprisonment remaining.
Justice Rafiq mentioned that Sagheer claimed his 1.5 years of pre-trial detention were only counted once. He requested the court to count that period four times.
The Deputy Inspector General of Prisons in Multan forwarded the matter to the Inspector General of Prisons, who then sought guidance from the Home Department. With no response from the departments, Sagheer turned to the court, pleading for accurate calculation of his sentence and release.
The verdict remarked that the case reads like a novel. Section 382-B of the Law Reforms Ordinance, 1972, introduced the provision allowing courts to count pre-trial detention toward sentences. For understanding how life sentences are to be served and calculated, reference to the Punjab Prison Rules is necessary.
According to the rules, a life sentence is considered equivalent to 25 years. A prisoner becomes eligible to apply for remission after serving 15 years. Applying the rules to this case, the convict would be eligible for appeal only after serving at least 60 years.
Under Rule 218, remission under Section 401 is considered a special pardon granted by the government, typically on public holidays or festivals.
The court also noted that the Inspector General of Prisons should verify the method used to remit 59 years of Sagheer’s sentence. The judicial assistant confirmed that no legal documentation or official records were submitted justifying such remission.
Per the Supreme Court’s ruling, if the sentence is treated as a single punishment, then the pre-trial custody can only be counted once. The prison department can forward his case to the government for possible pardon, but any such request must have the consent of the deceased’s legal heirs.
Sagheer Hussain, along with others, was convicted in a case registered at Lahore’s Wahdat Colony Police Station on August 24, 1989, for murder and other charges. The trial court had sentenced him to death three times and one life sentence.