Punjab government spokesman said here on Tuesday that Advocate General Punjab, Home department, Law department and Prosecution officials are examining the affect of the remission granted by the President on the law and order situation of the province. He said there are four thousand prisoners in Punjab's jails who were convicted on the charges of narcotics trade, illegal arms and ammunition, moral crimes, and corruption charges by NAB.
The government was assessing the effect on the crimes if convicts of such heinous crimes were released. The spokesman denied that the Punjab government had written any letter to the Federal government about the remission granted by the President.
However, political observers say that Pakistan Muslim League-Nawaz (PML-N) led Punjab government seems to be reluctant to grant special remission of one fourth of sentence announced by the President on the occasion of presentation of 18th amendment bill in the National Assembly as this remission was designed only one prisoner (Sh. Riaz Ahmad) in mind.
However, a statement issued by the Aiwan-e-Saddar says that" it has been customary since long that the head of state grants special remission in sentence on auspicious occasions. The President of Pakistan in exercise of his powers under Article 45 of the Constitution grants special remission on different occasions like Eidains and Pakistan/Independence Day.
Benazir Bhutto immediately after taking oath as Prime Minister in 1988, in order to redeem the pledge given to the people of Pakistan, advised and the then President of Pakistan Ghulam Ishaq Khan granted relief to the prisoners, inter alia, including:
a. Commutation of death sentence into life imprisonment awarded by the Courts up to 06.12.1988, b. Pardon to all women prisoners except those convicted for murder, c. Total remission of sentence of convicts who were above sixty years and had undergone five years of sentence or more, d. Total remission of un-served sentence of all persons, other then members of Armed Forces, convicted and sentenced by Military Courts for offences not involving drugs, smuggling, corruption, embezzlement, bank fraud, robbery, dacoity, murder, rape or unnatural offence, e. To grant remission from the dates of their imprisonment, to all persons convicted and sentenced by Military Courts to whom remissions have so far been denied, f. The period served as under trial prisoners was also directed to be included in computing the total period of imprisonment of those convicted and sentence.
On the occasion of Golden Jubilee Independence Day 1997 the then President Muhammad Rafique Tarar, on advice of the then Prime Minister Mian Muhammad Nawaz Sharif, granted special remission of one fifth of total sentence to the prisoners under going sentence for offences other then espionage, subversion, gang-rape, bank dacoities and anti-state activities. Besides, total remission of remaining sentence was also granted for males of 65 years or above and for females of 60 years or above if ten years imprisonment had under gone.
Apart from grant of special remission of one year each on the occasion of Eid-ul-Fitar as well as Eid-ul-Azha in 1999, special remission of six month was also granted on the occasion of Youm-e-Takbir 1999. Special remission of six month was also granted on Second anniversary of Nuclear Test 2000 in addition to special remission of one year each on three occasions of Eid-ul-Fiter, Eid-ul-Azha and Independence Day 2000, while special remission of two months was also granted in January 2000 under rules 216 of Pakistan Persian rules 1978.
In 2002 the Interior Division, in consultation with the Law Division and the Chief Justice of Pakistan formulated a Policy to grant special remission in a year on the following four occasions:
a. Eid-ul-Fiter
b. Eid-Millad un Nabi
c. 23rd March
d. 14th August
The said policy, inter alia, provided that Federal and Provincial governments may continue to exercise powers of granting remission under PPC/CrPC and Pakistan Prison Rules 1978. That Policy also provided, inter alia, the following relief:
a. Total remission to old aged prisoners (male 65 years or above and female 60 years or above and have under gone 1/3rd of sentence except those involved in culpable homicide.), b. Total remission to juvenile convicts (under 18 years of age) who have served 1/3rd of sentence except those involved in heinous crimes, c. Special remission of one year to female prisoners accompanying children and serving sentence other than culpable homicide.
In the year 2009, in addition to special remission on the occasion of Eid-ul-Fitar, Eid-Millad-un-Nabi, Pakistan/ Independence Day, special remission of ninety days on Eid-ul-Azha and thirty days on Human Rights Day (10.12.2009) was also granted by the President on advice of the Prime Minister. In the year 2010, apart from special remission on Eid-Millad-un-Nabi (February 2010) and Pakistan Day, special remission of one fourth has also been granted by the President on advice of Prime Minister on the occasion of presentation of 18th Amendment Bill.
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