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MUHAMMAD IQBAL ALIAS BALA versus FEDERATION OF PAKISTAN


Applicants of the Constitution of Pakistan 1973 Arts 2A, 45 and 185, claimed that their rights were being affected by the decision of the High Court (Lahore), which held that Article 2A as an important part of the Constitution. Upon joining, the President was denied the power to change the death sentence in relation to those found guilty of murder despite the powers conferred by Article 45 of the Constitution of the Pakistan High Court. The same question was considered by a full bench of the Supreme Court. The case of Hakim Khan (PLD 1992 SC 595), in which the High Court verdict (based on the complaint filed by the appellant) in the case of Sakina Begum, was set aside and the matter was examined in light of the observations. The High Court was remanded for consideration. The petition for leave of appeal (PLD 1992 SC 595) was turned into an appeal and the High Court was directed to settle the matter in accordance with the rules prescribed by the Supreme Court. In the Hakim Khan case (PLD 1992 SC 595)

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