A Comprehensive Study of Presidential Power to Grant Pardon in Pakistan

In this research paper I adopted doctrinal research methodology. Parliament legislate laws and government executes the laws and judiciary interprets the laws the Constitution of Pakistan 1973 has described a system of trichotomy of power, which named as separation of powers. Every institution work under his domain/jurisdiction. Article 45 of the constitution defines that the president shall power to grant pardon, reprieve and respite, and to remit, suspend/commute any sentence passed by any court, tribunal or other authority. Pardon, remission, respite, reprieve, computation and amnesty so such terms are different from each other in legal terminology. These powers are constitutional powers and don’t derive its source from any ordinary/subordinate legislation. But they are executive powers because they are provided by the constitution to the head of the state. According to the prime minister's advice, the president of Pakistan can pardon the offender. Presidents have the authority to commute/pardon only sentences, not convictions. Under trial prisoners cannot take benefit from constitutional power. Mercy petition (section: 402-A of Cr.PC) is different from such constitutional power (Article 45 of Constitution). In the event that a person's mercy petition is denied, the president has the authority to pardon that person under constitutional power. President of Pakistan has no powers to commute/pardon the sentences awarded in matters of Hudood or Qisas and Diyat ordinance and offence relating human body (chapter XVI of PPC. 1860) without the consent of the victim or his legal heirs. But offence of Rape not it the chapter XVI of PPC then it means president has/have powers to pardon the offender of Rape. The exercise of discretion by the president U/A 45 is to meet at the highest level the requirements of justice and clemency, to afford relief against undue harshness, or serious mistake or miscarriage in the judicial process, apart from specific or special cases where relief is by way of grace alone, as or instance to celebrate an event or when a new president or prime minister for installed, where relief or clemency is for the honor of the state.