December 4, 2003	Thursday	Shawwal 8, 1424

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ISLAMABAD, Dec 3: The Shariat Appellate Bench issued notices to the attorney-general and provincial advocates-general on Wednesday to present their respective government’s view on the question whether the president and the governors still enjoyed the powers to grant pardon, remit and suspend any sentence passed by any court, even after the enforcement of Qisas and Diyat laws in the country.

The Shariat Appellate Bench of the Supreme Court took up the federal government’s appeal against the Federal Shariat Court judgment after 13 years’ delay.

It said since the matter was of great significance, it should be decided only after hearing Pakistan attorney-general and advocates-general of all the provinces.

The Federal Shariat Court had, in 1991, struck down the provisions of the Criminal Procedure Code which empowered the federal government to grant pardon, reprieve, respite, remit, suspend or commute any sentence passed by any court, tribunal and authority.

The Federal Shariat Court, however, had not touched article 45 of the Constitution which empowered the president pardon and remit the sentence, saying it lacked powers to strike down any article of the Constitution.

Deputy Attorney-General Hafiz S.A. Rehman was present in the court to argue the case but the court issued notices to the attorney-general and the advocates-general.

The Shariat Appellate Bench comprised Justice Nazim Hussain Siddiqui, Justice Javed Iqbal, Justice Tanvir Ahmed Khan, Justice Dr Allama Khalid Mehmood and Justice Dr Rashid Ahmed Jullundhari.

The federal government in its appeal against the Federal Shariat Court judgment has contended that remaining powers with the government to pardon and remit the sentence passed by any court was in public interest, and should not be taken away.