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1979 SCMR 292 (1)

Mst. BHAG SULTAN AND OTHERS vs SUPERINTENDENT DISTRICT JAIL,

Citation1979 SCMR 292 (1)
CourtSupreme Court of Pakistan
Case No.Criminal Petitions for Special leave to Appeal Nos. 536,537,576 and 75 of
Date1978-12-06
Judge(s)Nasim Hasan Shah, Sheikh Anwarul Haq
ResultPetition dismissed

ORDER

1. NASIM HASAN SHAH, J.-.The point agitating the petitioners and raised . In these petitions is that the.

2. C. M. L. A. In a Press statement has categorically stated that he will be guided by the decisions of the Courts of law while disposing of mercy petitions of the convicts, placed before him, which is not proper, arid legal exercise of the jurisdiction by the Chief Martial Law Administrator. 'It is submitted that where the power of- mercy is to be exercised the power to dispense with justice comes to an end 'and human considerations such as the convict will be rendered orphan etc.Become the relevant considerations that should weigh with the authority dispensing mercy. A somewhat, similar argument was also raised and' dealt with' by us in disposing C.P. S. L. A, No.182 1978. The reasons given therein a fortiori apply.We would like observe hat mercy and justice cannot be entirely divorced from each other arid while exercising mercy power, the question whether justice has been done to the parties is also arelevant factor. These petitions fail and are dismissed hereby.

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