ISLAMABAD – The Federal Government has hinted that President of Pakistan Asif Ali Zardari may use his constitutional powers to pardon former Prime Minister Imran Khan in accordance with the Article 45 of Constitution. Talking with a private TV channel, the Law Minister Azam Tarar expressed that the 190 million pound case is a legal matter and the PTI should have enough political maturity to not link judicial matters with political matters.
Tarar said that the government is not in a position to issue an order for Imran Khan after his 14-year prison sentence in the 190 million pound case, but ‘yes, a person has this authority.’ The Law Minister emphasized that this matter can be between the prisoner and the head of state, that is, the president. ‘If Imran Khan submits a mercy petition to President Asif Ali Zardari, he can pardon him.’
‘I am a law student, I will not discuss it further.’ He further said that ‘under Article 45, the head of state, that is, the President of Pakistan, has this authority and there are court decisions on it in the past.’ ‘If someone appeals to the president for mercy and the president feels that he is worthy of mercy, he can pardon him.’ the Minister said.
However, some legal experts are of the view that the President’s powers are not entirely unchecked, as President Zardari is also required to act on the advice of the Federal Cabinet or Prime Minister Mian Muhammad Shehbaz Sharif in certain matters. However, in the case of pardons and reprieves, the President’s discretion is relatively broad.
The Accountability Court in Islamabad on Friday has sentenced former Prime Minister Imran Khan to 14 years in prison and a fine of Rs 1 million in a 190 million pound case. The court has also sentenced Imran Khan’s wife Bushra Bibi to seven years in prison and a fine of Rs 500,000 in the same case and ordered the government to take Al-Qadir University into government custody.
The decision was reserved by Accountability Court Judge Nasir Javed Rana on December 18, 2024, which was announced on Friday in Adiala Jail after being postponed three times. Imran Khan, Bushra Bibi and the leadership of the PTI were present in the courtroom when the judge announced the decision.
Article 45
The President of Pakistan has the power to grant pardon, reprieve, and respite, and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority, as stated in Article 45 of the Constitution. This means the President can essentially overturn or reduce sentences handed down by the courts, giving them a significant amount of discretion in matters of justice. Article 45 of the Constitution of Pakistan is crucial as it grants the President the power to grant pardon, reprieve, and respite, and to remit, suspend, or commute any sentence passed by any court, tribunal, or other authority. This power is significant, as it allows the President to exercise discretion in matters of justice, particularly in cases where the law may be too harsh or inflexible.
The importance of Article 45 lies in its ability to provide a check on the judicial system, ensuring that justice is served in a fair and compassionate manner. However, it’s also important to note that this power is not absolute and has been subject to debate and controversy, particularly with regards to its conformity with Islamic law. In Pakistan, where Islamic law plays a significant role in the legal system, the President’s power to grant pardon has been challenged, particularly in cases related to Hudood and Qisas laws. These laws deal with serious offenses such as murder, theft, and adultery, and the President’s power to grant pardon in such cases has been questioned by some as being inconsistent with Islamic principles.
Overall, Article 45 is an important provision in the Constitution of Pakistan, as it provides a necessary check on the judicial system and allows for compassion and mercy to be exercised in appropriate cases. However, its implementation and limitations continue to be debated and refined to ensure that it aligns with the country’s Islamic values and principles.