President has no authority to repeal Hudood sentences: Supreme Court Shariat Appellate Bench ruling

The Shariat appellate bench of the Supreme Court on Wednesday dismissed the Federation's appeal after 18 years and upheld Federal Shariat Court decision that President and Governors no more hold the power to pardon any murder convict without the consent of heirs of the victim.
A five-member Shariat appellate bench comprising Justice M Javed Buttar, Justice Muhammad Farrukh Mahmud, Justice Mahmood Akhtar Shahid Siddiqui, Justice Dr Allama Khalid Mahmud and Justice Dr Rashid Ahmed Jullundhari dismissed the appeal for not pursuing the appeal.
Federal Shariat Court on August 8, 1991 had held that President and provincial governors had no authority to repeal sentences awarded under Hudood laws without consulting the legal heirs of victim. The decision came on a petition of Advocate Habib Wahabul Khairi. He had challenged Section 401, 402-B, 494 and 495 of Criminal Procedure Code.
The judgement rendered by the FSC ruled that Section 401, 402,402(b), 494, 495 of Criminal Procedure Code and Section 10(4) of Pakistan Criminal Law Amendment Act 1958 in their present forms were repugnant to injunctions of Islam as laid down in Quran and Sunnah.
The FSC had observed that without the consent of legal heirs, sentences could not be repealed by the president and provincial governors. However, the Federation on December 31, 1991 moved the Supreme Court against the FSC verdict. On Wednesday, Shariat appellate bench of the SC heard the appeal and dismissed for not pursuing the litigation after almost 18 years of its institution.