GOVERNMENT OF KHYBER PAKHTUNKHWA vs WALI KHAN art — 2022 PLD 253 SUPREME-COURT

Case information

Citation: 2022 PLD 253 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLD
Parties: GOVERNMENT OF KHYBER PAKHTUNKHWA vs WALI KHAN 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

GOVERNMENT OF KHYBER PAKHTUNKHWA VS WALI KHAN art. 45---Pakistan Prisons Rules, 1978, R. 207---Power of President and the Superintendent of Jail to grant remissions---Distinction---Rule 207 of the Pakistan Prisons Rules, 1978 empower the Superintendents of the respective jail to grant remissions---Nevertheless, there is, a fundamental difference in exercise of powers by the Superintendent of the jail and the President under art. 45 of the Constitution---Superintendent does not grant executive clemency; he exercises authority under the relevant law by allowing only those remissions granted to prisoners which are provided in the law---Superintendent cannot therefore issue a notification on his own volition and allow prisoners remissions on various occasions; his actions must be backed by the law---President on the other hand, may issue such notifications and allow remissions in exercise of his Constitutional powers under art. 45 of the Constitution---Superintendent can merely grant remissions specified in the Jail Manual to prisoners who qualify for the same, whereas the President may grant remissions on any occasion, which is a wide-ranging power only available to the President under the Constitution.

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