Law: Constitution of Pakistan, 1973

Section: 45

Law: Penal Code (XLV of 1860)

Section: 302

Law: Pakistan Prisons Rules, 1978

Section: 207

(a) Constitution of Pakistan---Art. 45---Penal Code (XLV of 1860), S. 302---Persons convicted and sentenced under S. 302, P.P.C---Special and ordinary remissions---Eligibility for---In the present case all the notifications issued by the President granting remissions, which are relied upon by the present convicts clearly and unequivocally state that convicts involved in serious crimes including murder, will not be entitled to special remissions, therefore, it is clear that the convicts could not have been granted remissions since they fall in the exceptions provided in the notifications---President is fully empowered to make such a classification and exclude those who have committed serious crimes such as murder, abduction, terrorism etc.---Present convicts after having committed crimes of heinous nature, were denied remissions by the President while exercising his authority under Art. 45 of the Constitution; this was in line with the notifications so issued and High Court erred in law as well as in fact to hold that the convicts were entitled to remissions---Petitions for leave to appeal were converted into appeals and allowed, and impugned s of the High Court were set-aside. Haji Abdul Ali v. Haji Bismillah PLD 2005 SC 163 distinguished. (b) Constitution of Pakistan----Art. 45---Pakistan Prisons Rules, 1978, R. 207---Conflict between the Pakistan Prisons Rules, 1978 and any provision of the Constitution---Provisions of the Constitution shall prevail. (c) Constitution of Pakistan----Art. 45---Pakistan Prisons Rules, 1978, R. 207---Power of President and the Superintendent of Jail to grant remissions---Distinction---Rule 207 of the Pakistan Prisons Rules, 1978 empower the Superintendents of the respective jail to grant remissions---Nevertheless, there is, a fundamental difference in exercise of powers by the Superintendent of the jail and the President under Art. 45 of the Constitution---Superintendent does not grant executive clemency; he exercises authority under the relevant law by allowing only those remissions granted to prisoners which are provided in the law---Superintendent cannot therefore issue a notification on his own volition and allow prisoners…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492