Court case in Pakistan challenges constitutional power of the president to issue pardons

17 April 2018
photo credit: pixabay
photo credit: pixabay
 A petition was moved to the Peshawar High Court (PHC) challenging the special powers of President of Pakistan to pardon convicts under Article 45 of the Constitution. Senior lawyer Muhammad Khurshid Khan on Monday challenged the President of Pakistan special powers under Article 45 of the Constitution.In the petition, it was submitted that under Article 45 of the Constitution, the President of Pakistan has the power to pardon, change, or reduce the conviction awarded by the court, tribunal or any authority. The petitioner pointed out that under the Islamic law of Diyyat and Qisas, the legal heirs of a deceased have the sole right to pardon or not the convicted person. The lawyer prayed the court to impose complete ban over the use of Article 45 of the Constitution. He also prayed before the court to suspend use of Article 45 of the Constitution till a final decision in the case and order that all the laws to be brought under Holy Quran and Sunnah.
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