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Criminal Petitions for Special leave to Appeal Nos. 536,537,576 and 75 of 1978 decided on, 7th December, 1978.

(Appeal against the judgment and orders of the Lahore High Court dated 4‑10-78 in W. P, No: 4504/78, dated 4‑10‑78 in W. P: No. 4045/78, dated 4-10‑78 in W. P: No. 4620/78; dated 9-10‑78 in: P: No.4695/78):

----Art. 45‑Mercy petition Mercy and justice---cannot be entirely divorced from each other While exercising; mercy power question whether justice done to parties held also a relevant factor.---[Mercy petition]

Ch. Rafique Ahmad Sabir, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.

Asif Jan, Addl. Advocate‑General (Punjab) and Shaikh Ijaz Ali, Record for the State.

Date of hearing 7th December, 1978.

.‑.The point agitating the petitioners and raised . In these petitions is that the. C. M. L. A. in a Press statement has categorically stated that he will be guided by the decisions of the Courts of law while disposing of mercy petitions of the convicts, placed before him, which is not proper, arid legal exercise of the jurisdiction by the Chief Martial Law Administrator. 'It is submitted that where the power of‑ mercy is to be exercised the power to dispense with justice comes to an end 'and human considerations such as the convict will be rendered orphan etc. become the relevant considerations that should weigh with the authority dispensing mercy. A somewhat, similar argument was also raised and' dealt with' by us in disposing C.P. S. L. A, No.182 1978. The reasons given therein a fortiori apply. We would like observe hat mercy and justice cannot be entirely divorced from each other arid while exercising mercy power, the question whether justice has been done to the parties is also a relevant factor. These petitions fail and are dismissed hereby.

Petition dismissed.

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