Constitution of Pakistan (1973)—
—-Art. 45—President’s power to grant pardon—Scope—Conviction of accused under S.402-B, P.P.C. read with S.7, Anti-Terrorism Act, 1997 and order of disqualification of the accused for 21 years for seeking or being elected, chosen, appointed as Member of any public office or any authority of the Local Government of Pakistan—President had got the power to grant pardon etc. only with regard to the sentence but had got no power to set aside the declaration of guilt (conviction) as recorded by a competent court, authority or Tribunal—Constitution had not granted power to the President, to condone the disqualification order, by grant of pardon—Principles.
The words in Article 45 of the Constitution after the words power to grant pardon? and “any sentence” are indicative of remarkable worth and consequence. The framer of the Constitution had used the word “sentence” only and not the conviction. Difference between “conviction” and “sentence” in legal phraseology is evident. The conviction is declaration of a person found guilty, while the sentence follows after a person is declared convict, which sentence may be in different forms as prescribed by the relevant laws. The President has got power to grant pardon etc. only with regard to the sentence but has got no power to set aside the declaration of guilt (conviction) as recorded by a competent Court, authority or Tribunal. The conviction can only be set aside by the Court, Tribunal or authority, concerned or the competent or superior court to that court or forum, as provided by law against that conviction. The concept of conviction and sentence has two different connotations.?
There was no power granted by the Constitution to the President, to condone the disqualification order, by grant of pardon. Therefore, even if it be presumed for the sake of consideration, that conviction and sentence recorded in both these cases, were set aside by the President under Article 45 of the Constitution, even then pardoning of this disqualifying power was never granted or conferred upon the President by the Constitution, hence the disqualification had remained in the field.?
Comments