Remission of sentence

Compromise between parties was relevant as it would imprint beneficial effects in relations between the parties and promote peace, tranquility and harmony

High Court observed that it would be justified if death sentence inflicted upon petitioner/ accused was to be converted into life imprisonment with all sentences to run concurrently and benefit of S.382-B, Cr.P.C. was also extended to accused

Constitutional petition was allowed accordingly.

Provision enshrined in the Constitution would prevail notwithstanding anything contrary contained in the subordinate legislation

President had unfettered powers to grant remissions with regard to offences and no clog stipulated in the subordinate legislation could abridge such power of the President

Provincial Government and other authorities competent under the law could grant remissions to the prisoners in accordance with law

Section 402-C, Cr.P.C. had been incorporated in the legislation in exercise of powers conferred by the Constitution

Intra court appeal was dismissed, in circumstances.

Superintendent Jail had stated that on acquiring higher educational qualifications, petitioner/ convict had been granted remission upto six years

Said opinion had been solicited from the Law Department as to whether the "Sanad" of "Wafaq-ul-Madaaris", which the petitioner had acquired, was equal to a degree of graduation and in that case his case for further remission would be considered

Superintendent Jail was directed that if the opinion had been received and under the law and rules the petitioner was found entitled to further remission, same should be granted to him without any further delay

Remission granted during period of detention was to be granted to the prisoner.