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GUL ZAMEEN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar art — 2021 PLD 68 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PLD 68 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Reporter
PLD
Parties
GUL ZAMEEN vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar art

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

GUL ZAMEEN VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Home and Tribal Affairs, Peshawar art. 45---President's power to grant pardon---Executive function---Under art. 45 of the Constitution, the President enjoyed unfettered powers to grant remissions in respect of offences---Clog stipulated in piece of subordinate legislation could not abridge said power of the President---When the Notification by itself had been categorized the availability of remission to a particular class of prisoners and withheld its application to another class then the Court could not add or omit to the said Notification unless the same was contrary to law and discriminatory---Intelligible differentia and considerable distinction between the two categories of convicted prisoners was available---President could exclude the applicability of remissions to those convicted prisoners who were involved in heinous crimes and they could not claim at par treatment with rest of the prisoners---Presidential remission under art. 45 of the Constitution was not applicable to the prisoners who had been specifically excluded by the Notification granting remissions.

Other judgments reported in 2021 PLD

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