| Case ID |
384a8941-0365-4e7d-a0de-56498f7cfdcf |
| Body |
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| Case Number |
Criminal Petition No. 426 of 2009 |
| Decision Date |
Aug 11, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan examined the powers of the President under Article 45 of the Constitution to grant remissions and the policy formulated by the Government of Pakistan regarding the same. The Court affirmed that the President's powers are unfettered and not subject to limitations imposed by subordinate legislation. It was concluded that the policy of remissions should not discriminate against any category of prisoners without reasonable classification. The Court further emphasized that the denial of remissions to certain categories of convicts without a rational basis was arbitrary and unconstitutional. The Court also highlighted that the principles of justice and clemency must guide the exercise of presidential powers under Article 45, and remissions should promote public welfare and justice. |
| Summary |
The Supreme Court of Pakistan's ruling on the President's power to grant remissions under Article 45 of the Constitution of Pakistan has significant implications for the justice system. This case involved multiple petitions and appeals regarding the application of remissions to convicts, particularly those affected by the government's policy introduced in August 2009. The Court's decision stresses the need for a fair and just application of the law, ensuring that all prisoners are treated equally without arbitrary discrimination. The ruling reinforces the constitutional mandate that the President's clemency powers must be exercised in the interest of public welfare and justice, making it clear that any classification for the purpose of granting remissions must be reasonable and backed by law. This case is a pivotal reference for future cases concerning the exercise of presidential powers and the rights of prisoners under the Constitution. Keywords: President's powers, remissions, constitutional law, justice, public welfare, Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY, C.J.,
MIAN SHAKIRULLAH, JAN,
TASSADUQ HUSSAIN, JILLANI,
CH. IJAZ AHMED,
TARIQ PARVEZ,
ASIF SAEED KHAN KHOSA,
KHALIL-UR-REHMAN RAMDAY
|
| Lawyers |
Ch. Afrasiab Khan, Advocate Supreme Court for the Petitioner (in Crl.P. 426 of 2009),
Arshad Ali Chaudhry, AOR for the Appellant (in Crl.A. 383 of 2009),
Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court,
Zulfiqar Khalid Maluka, Advocate Supreme Court,
Shah Khawar, D.A.G.,
Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record (on behalf of A.G. Sindh),
Naveed Akhtar, Addl. A.G. N.W.F.P.,
Muhammad Raza, Addl. A.G. Balochistan,
Saeed Yousaf, Addl. A.G. Punjab,
Raja Shahid Mehmood, D.P.G. Punjab
|
| Petitioners |
NAZAR HUSSAIN and another
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 2698,
2010 PLD 1021
|
| Other Citations |
PLD 2006 SC 365,
PLD 2009 SC 460,
PLD 1992 SC 14,
PLD 1997 SC 84,
AIR 1990 SC 1396,
1 B&S 311
|
| Laws Involved |
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898),
Prisons Act (IX of 1894)
|
| Sections |
45,
48,
9,
25,
382-B,
59
|