MUHAMMAD IQBAL alias BALA and others vs FEDERATION OF PAKISTAN and others
The petitioners challenged a Lahore High Court judgment, which had relied on the precedent in Mst. Sakina Begum's case. The High Court had held that the incorporation of Article 2A into the Constitution of Pakistan 1973 effectively stripped the President of Pakistan of the power to commute death sentences for murder, notwithstanding the authority granted under Article 45 of the Constitution. The core legal question was whether Article 2A curtailed the President's constitutional power of mercy. The Supreme Court, referencing its earlier Full Bench decision in Hakim Khan and others v. Government of Pakistan and others (PLD 1992 SC 595), noted that the Sakina Begum judgment had already been set aside by the Supreme Court. Consequently, the Supreme Court converted the current petition into an appeal, allowed it, and remanded the matter to the High Court with directions to dispose of the case in accordance with the legal principles established in the Hakim Khan decision, which affirmed the President's constitutional powers.
- Does the incorporation of Article 2A into the Constitution of Pakistan 1973 strip the President of the power to commute death sentences under Article 45?
- Is the judgment in Mst. Sakina Begum's case regarding the President's power of mercy still valid law?
- Article 2A, Constitution of Pakistan 1973
- Article 45, Constitution of Pakistan 1973
ORDER
1. ' NASIM HASAN SHAH, C.J.--- The case of the petitioners is that their rights are being affected by the application of the rule laid down in the judgment of the Lahore High Court in Mst. Sakina Begum's case wherein it was held that after the incorporation of Article 2A as a substantive part of the Constitution in the Constitution of Pakistan, 1973, the President of Pakistan was denuded of the power of commuting the sentence of death in respect of persons found guilty of murder despite the powers conferred on him by Article 45 of the 1973-Constitution.
2. ' By this petition, the correctness of the view taken by the High Court in Sakina Begum's case is questioned.
3. ' The same question was considered by a Full Bench of this Court in the case of Hakim Khan and others v. Government of Pakistan and others (PLD 1992 SC 595), wherein the aforesaid judgment was set aside and the matter remanded to the Lahore High Court for reconsideration in the light of the observations made in that judgement.
4. ' Accordingly, this petition is converted into an appeal and allowed. The High Court is directed to dispose of this matter in accordance with the rule laid down by this Court in Hakim Khan's case.
5. Order accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.