P L D 2002 KARACHI 497
Per Sarmad Jalal Osmany, J.
Constitution of Pakistan (1973), Art. 45-
It would be seen that per Article 45 of the Constitution, the President of Pakistan has the power to grant a pardon, reprieve and respite and to remit, suspend or commute any sentence passed by any Court, Tribunal or other authority. A perusal of the appellant’s Jail Roll would show that the remissions which have been recorded therein are based on the orders of the President of Pakistan while exercising his prerogative under Article 45 of the Constitution. These remissions were granted on the occasion of public celebrations/holidays viz. Eid-ul-Fitr, Eid-ul-Azha and Eid-e-Millad-un-Nabi, etc.
It would further be seen that only that Government Functionary, which had issued the original remission has the power to withdraw/cancel the same and consequently the remission already earned by the appellant could not be withdrawn/cancelled on a mere letter written by the Ministry of Interior, Government of Pakistan to the Home Department, Government of Sindh. Even otherwise, we are of the opinion that such letter is not an order given under any sanction of law but a mere directive to the Provincial Government not to recommend the cases of those persons who have been convicted under the NAB Ordinance for the purpose of remission etc.
Consequently, as the appellant has served out the major portion of his sentence viz. 7 years and eight months and now a balance of only 2 years and 4 months is left, and considering that he is suffering from various ailments per his medical history, we are of the view that the same should be suspended. Moreso, as the main application would take some time before it is decided. We had accordingly vide short order allowed the aforementioned applications for suspension of his sentence in which event M.A. No 230 of 2002 praying for the appellant’s hospitalization has become infructuous and is dismissed s such. [p. 500, 501 & 502] A,B & C
Chaudhry Aitezaz Ahsan alongwith Faisal Arab for Appellant.
Raja Qureshi, A.G. Sindh,
Dilawar Hussain and Amir Raza Naqvi for NAB