Remissions in sentence

Notification for remissions providing that remissions not available to prisoners convicted of heinous crimes (murder, espionage, etc.)

Constitutionality

President had unfettered powers to grant remissions under Art.45 of the Constitution

Two notifications in question regarding the special remissions granted by the President were restricted in their application by the President himself and not any subordinate authority

When the notifications through which remissions were granted categorized the availability of remissions to a particular class of prisoners and withheld its application to another class, then the High Court could not add or subtract anything from the said notifications unless it was established that the same were either contrary to law or were discriminatory

Since there was an intelligible differentia and substantial distinction between two classes of convicted prisoners, as the President had excluded the applicability of remissions to those convicted prisoners who were involved in heinous crimes, therefore they were not at par with ordinary prisoners

Presidential remission under Art.45 of the Constitution would not be applicable to those prisoners who had been specifically excluded by the notifications granting remissions

Constitutional petitions were disposed of accordingly.

Pardon/ remissions in the sentence of imprisonment awarded to an offender by a court in a foreign country, could also be granted/extended to him under the laws of Pakistan

Such an accused could also claim any remission of his sentence of imprisonment to which he became entitled to on the date of his transfer in accordance with law relating to the remissions of sentence in the foreign country.