1993 PLP 1987 (SCMR)
MUHAMMAD IQBAL alias BALA and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents
| Citation | 1993 PLP 1987 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasim Hasan Shah, CJ., Saad Saood Jan and |
| Parties | MUHAMMAD IQBAL alias BALA and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents |
| Primary Law | Constitution of Pakistan (1973)‑‑ |
Q1: What are the key laws and sections cited in 1993 PLP 1987 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 PLP 1987 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasim Hasan Shah, CJ., Saad Saood Jan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 PLP 1987 (SCMR) (MUHAMMAD IQBAL alias BALA and others‑‑‑Petitioners Versus FEDERATION OF PAKISTAN and others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shah Ahmad Khan Paloca, Advocate Supreme Court and Tanvir Ahmad, Advocate ‑on‑Record for Petitioners.
- Rao Muhammad Yousuf Khan, Advocate‑on‑Record for Respondents.
- Date of hearing: 31st May, 1993.
Headnotes / Summary
(On appeal from the judgment dated 14‑1‑1992 of the Lahore High Court, Lahore in W.P. 1088/89). ‑‑‑‑Arts. 2A, 45 & 185‑‑‑Appellant, claimed that their rights were being affected by the judgment of High Court (Lahore) wherein it was held that after the incorporation of Art.2A, as a substantive part of the Constitution, 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 Art. 45 of the Constitution‑‑‑Validity of High Court's view‑‑‑Same question was considered by a Full Bench of Supreme Court in Hakim Khan's case (PLD 1992 SC 595), wherein judgment of High Court in Sakina Begum's case (comprising the view complained by appellants) was set aside and matter remanded to High Court for reconsideration in the light of observations, made in that judgment (PLD 1992 SC 595)‑‑‑Petition for leave to appeal was converted into appeal and allowed‑‑‑High Court was directed to dispose of matter in question, in accordance with the rule laid down by Supreme Court in Hakim Khan's case (PLD 1992 SC 595). Hakim Khan and others v. Government of Pakistan and others PLD 1992 SC 595 fol.
Judgment & Decree
NASIM HASAN SHAH, CJ. ‑‑‑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. By this petition, the correctness of the view taken by the High Court in Sakina Begum's case is questioned. 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 judgment. 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. Order accordingly. AA./M‑1789/S Case remanded