sarmad
Senator (1k+ posts)
Presidential pardon to Rehman Malik challenged
Thursday May 20, 2010 (1250 PST)
LAHORE: A constitutional petition has been moved in the Lahore High Court challenging the presidential pardon given to Interior Minister Rehman Malik, waiving sentence upheld by the high court in two NAB cases.
Imtiaz Rashid Qureshi, media adviser of Save Judiciary Committee, filed this petition in which Rehman Malik, the Federation of Pakistan through the secretary ministry of interior, the principal secretary to President Asif Zardari and the NAB chairman had been made party.
Petitioners counsel Barrister Farooq Hassan stated that remission of sentence of Rehman Malik by the president under Article-45 of the Constitution was illegal. He has submitted that it is a usual requirement to give benefit of this provision to an accused only when he or someone on his behalf had utilised all legal remedies.
He stated that if someone was convicted in any court, he had the right to file an appeal against his sentence in the Supreme Court and if his petition was not heard in the apex court or decision was given against him then he could file a mercy petition with the president.
The counsel stated that the minister had not approached the Supreme Court in this connection and it was possible the apex court would have set aside the High Court verdict. The counsel said the unholy manner in which the pardon has been granted showed the good governance of the government.
He said the president has exercised his constitutional powers twice every time on the urgent advice of the prime minister during recent weeks, but all the time to save the skin of his cronies and the NRO beneficiaries. He said it appeared to be a clear case of conflict of interest and blatant abuse of discretion by the president.
source
Thursday May 20, 2010 (1250 PST)
LAHORE: A constitutional petition has been moved in the Lahore High Court challenging the presidential pardon given to Interior Minister Rehman Malik, waiving sentence upheld by the high court in two NAB cases.
Imtiaz Rashid Qureshi, media adviser of Save Judiciary Committee, filed this petition in which Rehman Malik, the Federation of Pakistan through the secretary ministry of interior, the principal secretary to President Asif Zardari and the NAB chairman had been made party.
Petitioners counsel Barrister Farooq Hassan stated that remission of sentence of Rehman Malik by the president under Article-45 of the Constitution was illegal. He has submitted that it is a usual requirement to give benefit of this provision to an accused only when he or someone on his behalf had utilised all legal remedies.
He stated that if someone was convicted in any court, he had the right to file an appeal against his sentence in the Supreme Court and if his petition was not heard in the apex court or decision was given against him then he could file a mercy petition with the president.
The counsel stated that the minister had not approached the Supreme Court in this connection and it was possible the apex court would have set aside the High Court verdict. The counsel said the unholy manner in which the pardon has been granted showed the good governance of the government.
He said the president has exercised his constitutional powers twice every time on the urgent advice of the prime minister during recent weeks, but all the time to save the skin of his cronies and the NRO beneficiaries. He said it appeared to be a clear case of conflict of interest and blatant abuse of discretion by the president.
source
