Mst. BHAG SULTAN AND OTHERS vs SUPERINTENDENT DISTRICT JAIL, RAWALPINDIETC
This matter concerns petitions challenging the exercise of mercy jurisdiction by the Chief Martial Law Administrator (CMLA) regarding death row convicts. The petitioners contended that the CMLA’s stated policy of being guided by the decisions of courts of law when disposing of mercy petitions was an improper and illegal exercise of jurisdiction. It was argued that the power of mercy is distinct from the judicial process, and that authorities should prioritize human considerations, such as the plight of the convict's family, rather than relying on judicial findings. The Supreme Court dismissed the petitions, reiterating its reasoning from a prior case (C.P.S.L.A. No. 182 of 1978). The Court held that mercy and justice cannot be entirely divorced from one another. Consequently, when exercising the power of mercy, the authority may legitimately consider whether justice was properly administered in the underlying legal proceedings. The Court affirmed that judicial outcomes remain a relevant factor for the executive authority when evaluating mercy petitions, thereby rejecting the argument that such considerations are legally improper.
- Is the Chief Martial Law Administrator legally barred from considering judicial decisions when exercising the power of mercy?
- Can the power of mercy be entirely divorced from considerations of justice?
- Are judicial outcomes a relevant factor for an authority exercising the power of mercy?
ORDER
1. NASIM HASAN SHAH, J.-.The point agitating the petitioners and raised . In these petitions is that the.
2. C. M. L. A. In a Press statement has categorically stated that he will be guided by the decisions of the Courts of law while disposing of mercy petitions of the convicts, placed before him, which is not proper, arid legal exercise of the jurisdiction by the Chief Martial Law Administrator. 'It is submitted that where the power of- mercy is to be exercised the power to dispense with justice comes to an end 'and human considerations such as the convict will be rendered orphan etc.Become the relevant considerations that should weigh with the authority dispensing mercy. A somewhat, similar argument was also raised and' dealt with' by us in disposing C.P. S. L. A, No.182 1978. The reasons given therein a fortiori apply.We would like observe hat mercy and justice cannot be entirely divorced from each other arid while exercising mercy power, the question whether justice has been done to the parties is also arelevant factor. These petitions fail and are dismissed hereby.