SC returns petition with objections

ISLAMABAD The Federal Law Ministry on Saturday filed a Civil Miscellaneous Application (CMA) requesting the Supreme Court to declare that the sentences pardoned by President under Article 45 of the Constitution could not be revived. Article 45 of the Constitution says The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or any other authority. The ministry requested the court to hear the CMA along with the National Reconciliation Ordinance (NRO) implementation case. The application was filed through Advocate-on-Record (AOR) Raja Abdul Ghafoor. However, the Supreme Court Registrar Dr Faqir Hussain returned the application after raising some office objections. The Registrar objected that the application could not be heard along with the NRO implementation case. He, however, asked the ministry to file the application in the form of a constitutional petition for hearing separately, as it could not be clubbed with the NRO implementation case, which will be heard on October 13. The Supreme Court in its judgment announced on August 12, 2010 on a petition regarding the Presidents power to grant remission under Article 45 of the Constitution and the Governments policy of excluding convicts involved in terrorism-related offences or heinous crimes, had ruled that the President did not violate any constitutional provisions by excluding certain categories of prisoners sentenced for heinous crimes from remission granted by him on special occasions. The judgment had also referred to guidelines given by the Interior Ministry in 2009 and held that the policy of remission was neither arbitrary nor discriminatory and was based on an intelligible differentia, permissible and, therefore, not violative of Article 25 of the Constitution and the law laid down by the court. The policy allowed the grant of special remission of 90 days to prisoners sentenced for life except those convicted of murder, espionage, anti-state activities, sectarianism, Zina (Sec10 offence of Zina (Enforcement of Hudood) Ordinance 1979, robbery, dacoity, kidnapping/abduction and terrorist acts (as defined in the Anti-Terrorism (Second Amendment) Ordinance, 1999. It may be noted here that President Asif Ali Zardari has pardoned Interior Minister Rehman Malik, whose bail plea was dismissed by the Lahore High Court in a NAB corruption case, by exercising his discretionary powers under Article 45 to grant remission to his trusted aide and lieutenant who runs the countrys law and order apparatus. Besides, President Zardari has also pardoned Ahmed Riaz Sheikh, former Director FIA Economic Crimes Wing, who was convicted in an accountability case, however after promulgation of the NRO, even when the NRO was annulled by the apex court, he was promoted to the post of FIA Director General. The Supreme Court had sent him to jail, however President Zardari pardoned him.

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