GHULAM DASTAGIR alias DODO vs State art — 2021 PCrLJ 1390 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1390 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: GHULAM DASTAGIR alias DODO vs State art
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM DASTAGIR alias DODO VS State art. 45---President's power to grant pardon---Special remissions in sentence---Notification providing that remissions were not available to prisoners convicted of heinous crimes (murder, espionage, etc.)---Constitutionality---accused/petitioner was charged for murder and was awarded death sentence by Trial Court, however, in appeal, the death sentence was converted into life imprisonment, which was upheld by the Supreme Court and attained finality---Petitioner sought remission in his sentence on account of his educational qualification acquired in jail---Scope---Notification through which special remissions had been granted itself categorized the applicability of the remissions to a particular class of prisoners---Since, there was an intelligible differentia and substantial distinction between the two classes of convicted prisoners, as the President of Pakistan had excluded the applicability of remissions to those convicted prisoners who were involved in heinious crimes, therefore, petitioners was not at par with the ordinary prisoners---Presidential remission under art. 45 of the Constitution would not be applicable to the prisoners who had been specifically excluded by the Notifications granting remissions---Constitutional petition having no merits was dismissed, in circumstances.

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