President has authority to refuse remission to some convicts, rules Pak Supreme Court

August 12th, 2010 - 6:33 pm ICT by ANI  

Justice Iftikhar Muhammad Chaudhry Islamabad, Aug 12(ANI): The Supreme Court of Pakistan has ruled that the President has the authority to grant remission to those convicts who are not accused of heinous offences, and refuse it to those accused of serious or terrorism-related offences.

This was announced by a seven-member bench of the apex court, consisting of Chief Justice Iftikhar Muhammad Chaudhry, which was conducting a hearing on a number of questions regarding powers of the President under Article 45 of the constitution.

The President, in exercise of his powers under the article, grants special remission in sentences on auspicious occasions like two Eids, Eid Miladun Nabi and Independence Day.

The SC held that in the remission policy, a class of convicts involved in “heinous crimes” was excluded from the benefit of remissions, which was legitimate, The Dawn reports.

It said no one would be entitled to ordinary and special remission unless the federal government, provincial government or a competent authority made a specific order in writing in this behalf.

It also said that Rule 214-A of the Prisons’ Rules only deprived those “convicts of special remission or on premature release on parole, if they are sentenced for drug and narcotics offences”. (ANI)

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