A full bench of the Lahore High Court here Thursday called record of two references against Rehman Malik for April 28 in which he was convicted and later pardoned by President. The petitioner Imtiaz Rasheed Qureshi, media co-ordinator of Save Judicial Committee challenging presidential pardon to Malik prayed to the court to set aside the presidential order and to restore the sentence immediately.
He said the notification giving this concession to federal minister was unconstitutional. Petitioner's counsel Barrister Farooq Hosanna submitted that it was usual requirement to give benefit of this provision to an accused only when he or someone on his behalf had utilised all legal remedies.
He submitted that if some one was convicted in any court he had right to file appeal against his sentence in the Supreme Court (SC) and if his appeal was not heard in apex court or decision was given against him then he could file mercy appeal with the president.
He said that the minister had not approached the Supreme Court in this connection and it was possible, the apex court would have set aside the High Court verdict. He stated that there was no justification in this remission as Rehman Malik had not filed any mercy petition and the purported pardon is against the due process conceptions of the Constitution.
Rehman Malik in his written reply to the petition stated that article 45 of the Constitution empowers the president to grant pardon, remit or commute any sentence passed by any court. He said the petition was filed against him not in good faith. Neither the petitioner has a locus standi nor he is an aggrieved person.