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P L D 1994 PESHAWAR 202

IQBAL AND ANOTHER
V/S
FEDERATION OF PAKISTAN

Per Abdul Karim Khan Kundi, C.J.

(a) Constitution of Pakistan (1973) Article 45-

We understand and the learned Advocate-General has also graciously conceded the legal position that the President’s power to grant pardon etc. under article 45 of the Constitution is independent, overwhelming in effect and operation and not subject to the approval of any other authority including the Governor of the Province.[p. 204] A.

(b) Constitution of Pakistan (1973) Arts. 45 & 199-
R/w S. 401 of Criminal Procedure Code (V of 1898)-

Further the two remissions one granted by the governor prior to the Referendum and the other granted by the President after success in the Referendum shall be acknowledged as independent of each other and also to be given effect to independently and thus an act on the part of the Governor or the Provincial Government or the jail authorities not to implement the President’s remission order under Article 45 of the Constitution shall be an act without lawful authority on their part and accordingly declared to be of no legal effect. The President remission order has only excepted the prisoners convicted for terrorist activities. Besides it is also ordained therein that due compliance be ensured by the Secretaries, Home Department of the Province.

Consequently, we shall accept this writ petition and issue a direction to the Provincial Government, the Inspector-General Prisons and the Superintendents of the Prisons to give effect to and ensure the compliance of the remission orders of the President of Pakistan made in exercise of the powers under Article 45 of the Constitution contained in the telex dated 25-12-1984. There is made no order as to costs.[p. 204] B & C

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