ISLAMABAD, Sept 15: A five-member bench of the Supreme Court, headed by Chief Justice Iftikhar Muhammad Chaudhry, on Thursday observed that under Article 13 of the 1973 Constitution, a prisoner having served life term could neither be awarded death sentence nor could his sentence be enhanced.

The larger bench was hearing petitions for the four consecutive day raising a question whether a convict, who had undergone life imprisonment under Section 302 of Pakistan Penal Code (PPC), could be awarded death again under the same section and that if a convict having served life term was again awarded death sentence, could it be considered another sentence under Article 13 of the Constitution.

Another question was that if after promulgation of Qisas-o- Diyyat Ordinance and amendment to the PPC, the president could grant remissions in sentences.

The apex court in its short order held that under Article 13 of the 1973 Constitution, the prisoners who had undergone life imprisonment under Section 302 of PPC could not be awarded death or any other sentence.

The chief justice observed that if anyone having served life term or any other sentence was awarded another sentence for the same crime, it would be a violation of Article 13 of the 1973 Constitution.

Explaining Article 45 of the Constitution, the chief justice said the president had infinite powers to grant remission in sentences and no other law could stop him from exercising his powers.

He said the provincial governments as well as the departments could grant remissions according to the law and were bound to make decisions on merit.

The bench comprised Justice Rana Bhagwandas, Justice Faqir Muhammad Khokhar, Justice M Javed Buttar and Justice Tasaddaq Hussain Jillani.

Opposing the “remission in sentences powers” of the president, senior advocate Sardar Muhammad Latif Khosa contended that under Section 55 of the PPC, the president was not entitled to giving remissions to the prisoners sentenced life imprisonment or capital punishment.

He said after amendment to the Qisas-o-Diyyat Ordinance and Chapter 16 of the PPC, the president could not grant remission unless the aggrieved party forgave the convict.

Other lawyers including Muhammad Akram Sheikh, Ilyas Siddiqui, Dr Babar Awan, Asmatullah Khan, Saeed Akhtar Alvi, Deputy Attorney-General Nasir Saeed Sheikh, Assistant Advocate General Punjab Afshan Ghazanfar and Additional Advocate General NWFP Pir Liaquat Ali also presented their points of view on the question.

The lawyers submitted that under the Prisoners Rules, a person awarded life sentence should not undergo more than 15-year imprisonment, while life imprisonment had been fixed at 25 years after the 1972 law reforms.

Sardar Latif Khosa contended that the provincial governments could not grant remissions under Section 401 of the Criminal Procedure Code (CrPC). However, Akram Sheikh contended that the president could give remission under Article 45 of the Constitution and no law could prevent him from giving remissions. — PPI