The Balochistan High Court has ruled that prisoners convicted under the Anti-Terrorism Act (ATA) are not eligible for presidential pardon, stating that the powers under Article 45 of the Constitution are subject to Islamic principles and the state’s policy.
In a significant judgment issued this week, the court dismissed all constitutional petitions filed in 2023 and 2024, where convicted prisoners had sought clemency under Article 45 and jail laws.
The court held that Section 21-F of the ATA explicitly bars any remission or pardon for individuals convicted of terrorism-related offences. It noted that this provision was deliberately introduced in 2001 to ensure such convicts are permanently excluded from any form of legal relief.
“The Anti-Terrorism Act takes precedence over general laws,” the judgment stated.
‘Terror convicts a separate legal category’
The bench observed that those convicted of terrorism form a distinct legal category, and denying them clemency does not violate Article 25 of the Constitution, which guarantees equality before the law.
The court further ruled that all prisoners must serve at least two-thirds of their sentence before any remission can be considered, calling past remissions granted to certain convicts arbitrary, discriminatory, and unlawful.
IG Prisons ordered to submit B-Class prisoner list
The court ordered the Inspector General (IG) of Prisons to present a list of B-class prisoners before the court and directed the Home Department and jail authorities to immediately revoke all illegal remissions and pardons.
According to the judgment, granting pardon to those convicted of serious crimes undermines justice and violates the spirit of the law.
