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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
Subject matter
Criminal
Provisions referred to
S. 302---P; S. 302; Penal Code (XLV of 1860)

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---Penal Code (XLV of 1860), S. 302---Persons convicted and sentenced under S. 302, P.P.C---Special and ordinary remissions---Eligibility for---In the present case all the notifications issued by the President granting remissions, which are relied upon by the present convicts clearly and unequivocally state that convicts involved in serious crimes including murder, will not be entitled to special remissions, therefore, it is clear that the convicts could not have been granted remissions since they fall in the exceptions provided in the notifications---President is fully empowered to make such a classification and exclude those who have committed serious crimes such as murder, abduction, terrorism etc.---Present convicts after having committed crimes of heinous nature, were denied remissions by the President while exercising his authority under art. 45 of the Constitution; this was in line with the notifications so issued and High Court erred in law as well as in fact to hold that the convicts were entitled to remissions---Petitions for leave to appeal were converted into appeals and allowed, and impugned judgments of the High Court were set-aside.

Other judgments reported in 2022 PLD

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