1979 PLP 292(1) (SCMR)
Mst. BHAG SULTAN AND OTHERS — Petitioners Versus SUPERINTENDENT DISTRICT JAIL, RAWALPINDI ETC.‑ — ‑Respondent
| Citation | 1979 PLP 292(1) (SCMR) |
| Forum / Court | ----Art. 45‑Mercy petition Mercy and justice---cannot be entirely divorced from each other While exercising; mercy power question whether justice done to parties held also a relevant factor.---Mercy petition |
| Bench Members | N/A |
| Parties | Mst. BHAG SULTAN AND OTHERS — Petitioners Versus SUPERINTENDENT DISTRICT JAIL, RAWALPINDI ETC.‑ — ‑Respondent |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1979 PLP 292(1) (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1979 PLP 292(1) (SCMR)?
The case was heard and decided by the ----Art. 45‑Mercy petition Mercy and justice---cannot be entirely divorced from each other While exercising; mercy power question whether justice done to parties held also a relevant factor.---Mercy petition bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1979 PLP 292(1) (SCMR) (Mst. BHAG SULTAN AND OTHERS — Petitioners Versus SUPERINTENDENT DISTRICT JAIL, RAWALPINDI ETC.‑ — ‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Rafique Ahmad Sabir, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
- Date of hearing 7th December, 1978.
- Asif Jan, Addl. Advocate‑General (Punjab) and Shaikh Ijaz Ali, Record for the State.
Headnotes / Summary
(Appeal against the judgment and orders of the Lahore High Court dated 4‑10-78 in W. P, No: 4504/78, dated 4‑10‑78 in W. P: No. 4045/78, dated 4-10‑78 in W. P: No. 4620/78; dated 9-10‑78 in: P: No.4695/78):
Art. 45‑Mercy petition Mercy and justice
cannot be entirely divorced from each other While exercising; mercy power question whether justice done to parties held also a relevant factor.
[Mercy petition] Asif Jan, Addl. Advocate‑General (Punjab) and Shaikh Ijaz Ali, Record for the State.
Judgment & Decree
NASIM HASAN SHAH, J.‑.The point agitating the petitioners and raised . In these petitions is that the. 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 a relevant factor. These petitions fail and are dismissed hereby. Petition dismissed.