ISLAMABAD, Aug 1: The Supreme Court was informed by the government on Friday that it had not taken a final decision on the issue of commuting death sentence into life imprisonment.

A three-member bench comprising Acting Chief Justice Faqir Mohammad Khokhar, Justice Chaudhry Ejaz Yousaf and Justice Zawwar Hussain Jaffery was informed by a government lawyer that the matter was still under consideration.

Prime Minister Yousuf Raza Gilani had on June 21 announced that his government would recommend to the president to commute the death sentence of thousands of prisoners into life imprisonment as part of a birthday tribute to slain PPP leader Benazir Bhutto. On July 2, the cabinet approved the PM’s initiative.

At the last hearing on July 14, the court was informed that the government had not taken a final decision on the matter.

On July 4, Chief Justice Abdul Hameed Dogar took suo motu notice of a news report about government plans to commute the death sentence of around 7,000 convicts into life imprisonment and asked the government to explain its position.

Justice Khokhar observed that even in countries like the UK there were limitations to the powers of the queen to grant pardon in some cases.

Justice Yousaf said the state enjoyed no power to commute the sentence in cases pertaining to ‘Diyat’ (blood money paid as compensation to a victim’s family) and ‘Qisas’. Only the legal heirs of a victim could do so.

The ministries of law and interior submitted their points of view on the matter before the court. The law ministry said that the matter of commuting death sentence to life term was still under consideration and so far no order had been issued.

The interior ministry contended that although there was no final decision, the president under Article 45 of the Constitution could pardon a convict or commute death sentence.