MUBARIK ALI alias MAKHAN vs GOVERNMENT OF THE PUNJAB arts — 2023 PLD 19 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLD 19 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLD
Parties: MUBARIK ALI alias MAKHAN vs GOVERNMENT OF THE PUNJAB arts
Subject matter: Criminal
Provisions referred to: S. 402-B---P; Criminal Procedure Code (V of 1898)

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

MUBARIK ALI alias MAKHAN VS GOVERNMENT OF THE PUNJAB arts. 45 & 9---Criminal Procedure Code (V of 1898), S. 402-B---President's power to grant pardon---Security of person---Certain restrictions on the exercise of powers by Provincial Government---Scope---article 9 of the Constitution guarantees the right of life---article includes the right to live with dignity and all that goes along with it---Convicts and prisoners are not denuded of their fundamental rights, including the right of life---Prisoners can be subjected only to such restrictions as are permitted by law---Every convict and under-trial prisoner has a fundamental right to be treated humanely and with dignity at all times, even when he is incarcerated for the most heinous offence---Convict must be protected against all types of cruelty---Prisoners suffering from a serious illness and those who are old and infirm have a right to be considered for premature release---Jail Superintendents are obligated to report such cases to the Inspector General of Prisons who should submit them to the Provincial Government for appropriate orders---In extreme cases where the Code of Criminal Procedure places an embargo on the Provincial Government (like offences under Chap. XVI of the P.P.C.), it may forward the case to the President with a request to consider it for remission or commutation of sentence under art. 45 of the Constitution---Eligible convict may also approach President directly under art. 45 of the Constitution for relief.

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