Case shifted in 2010: convict by UK court to be dealt with under law of Pakistan: SC

The Supreme Court ruled that a convict by a competent court of law of United Kingdom can be transferred to Pakistan pursuant to mutual agreement between the two countries and if the convict is transferred to Pakistan then he would be governed by the laws of Pakistan as if it was a sentence imposed by a court in Pakistan. Asjad Javed alias Javed Akhtar, a petitioner, had been arrested in United Kingdom on 23-12-2003 under the offence of conspiracy to supply drugs (196 kilogram of the powder containing Cocaine). He was tried and convicted by the UK's Crown Court and thereby was sentenced to imprisonment for a period of twenty five years on 23-7-2004.
After serving about 6 years and 28 days sentence in UK, the petitioner was transferred to Pakistan pursuant to an agreement between the governments of Pakistan and United Kingdom regarding transfer of prisoners in view of the transfer of Offenders Ordinance 2002 (XXXVI of 2002) and was shifted to Central Prison Karachi on 21-8-2010.
Thereafter, he managed to get himself released with the collusion of Ali Muhammad Malik, Section Officer (Law) of Government of Pakistan's Ministry of Interior, Islamabad, but was arrested again on the intervention of UK government. The petitioner-convict through constitutional petition had questioned his arrest and also sought his release from the prison which was partially allowed by the Division Bench of the Islamabad High Court by allowing the ICA set aside the single judge order of the IHC.
The petitioner therefore challenged the Division Bench of IHC order in the apex court. A three-judge bench of Supreme Court, headed by Justice Ejaz Afzal, after hearing the arguments had reserved the judgment on 18-04-2018, which was announced Thursday.
The SC judgment said in case the sentence awarded to the convict is not compatible with the laws of Pakistan, a Court of competent jurisdiction in Pakistan can adopt such a sentence to make it compatible with the law of Pakistan.
As far as pardon/remissions in the sentence of imprisonment awarded to an Offender is concerned, it can also be granted/extended to him under the Laws of Pakistan and he can also claim remission of his sentence of imprisonment to which he became entitled to on the date of his transfer in accordance with law relating to the remissions of sentence in such specified country.
The apex court noted that there was nothing in black and white to reflect that the offender had earned any remission during his imprisonment in UK.
The apex court ruled that the petitioner has to be dealt with under the law of the land to serve out his remaining sentence as provided in section 9(2) of the Transfer of Offenders Ordinance, 2002 (XXXVII of 2002) which also makes him entitled for grant of pardon or remission of sentence by the President of Pakistan under Article 45 of the Constitution or by any other authority under any law of Pakistan for the time being in force as provided in Section 12(2) of the Transfer of Offenders Ordinance, 2002 ( XXXVII of 2002) but for that purpose he has to approach the concerned authority as defined in the Law to ask for the relief.