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Initializing Secure Chambers
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Petitioner: MUHAMMAD IQBAL alias BALA and others VS Respondent: FEDERATION OF PAKISTAN and others
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Manzoor Hussain Sial, Saad Saood Jan Title:MUHAMMAD IQBAL alias BALA and others vs FEDERATION OF PAKISTAN and
others Case No.: C.P. No, 236/L of 1992 Date of Judgment:1993-05-31 Reported As: 1993 SCMR 1987 Result: Case remanded Judgment ORDER ' NASIM HASAN SHAH, C.J.--- The case of the petitioners is that their rights are being affected by the application of the rule laid down in the judgment of the Lahore High Court in Mst. Sakina Begum's case wherein it was held that after the incorporation of Article 2A as a substantive part of the Constitution in the Constitution of Pakistan, 1973, the President of Pakistan was denuded of the power of commuting the sentence of death in respect of persons found guilty of murder despite the powers conferred on him by Article 45 of the 1973-Constitution. ' By this petition, the correctness of the view taken by the High Court in Sakina Begum's case is questioned. ' The same question was considered by a Full Bench of this Court in the case of Hakim Khan and others v. Government of Pakistan and others (PLD 1992 SC 595), wherein the aforesaid judgment was set aside and the matter remanded to the Lahore High Court for reconsideration in the light of the observations made in that judgement. ' Accordingly, this petition is converted into an appeal and allowed. The High Court is directed to dispose of this matter in accordance with the rule laid down by this Court in Hakim Khan's case. Order accordingly.
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revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.