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Writ Petition No. 1205 of 1979, decided on 17th March, 1979.
Arts. 41 & 45, President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104 (Jail Manual)‑Petitioner on strength of mercy petition, cannot get a substantial cause with regard to lawful authority of detaining authority or pardoning authority to be examined in its full legal perspective‑Superintendent Jail not concerned with de facto or de jure authority of President and required to see only that he received an order from appropriate quarter through hierarchy provided and prescribed in Jail Manual‑Power to pardon, grant of abeyance or refusal to grant, held, cannot be collaterally challenged in proceedings started after filing mercy petition such being within scope of quo warranto proceedings.
‑Arts. 41 & 45 read with President's Succession Order (P. O. 13 of 1978) and Prison Rules, 1978, r. 104‑Authority of President qua mercy petition‑Intact and his de facto office prima facie found established by existence of de jure office, colour of authority or title, physical possession, public recognition, reputation and existence of revolutionary Government.
Nasirullah Khan Babar v. Chief of Army Staff, G. X. Q., Rawalpindi and another P L D 1979 Pesh. 23 ref.
Aitzaz Ahsan for Petitioner.
Date of hearing : 17th March, 1979.
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