Prime minister Yousaf Raza Gilani

PAKISTAN. LAW MINISTRY OPPOSED COMMUTATION OF DEATH PENALTIES

July 4, 2008: the Pakistan Law Ministry strongly opposed the federal cabinet approving the commutation of the death penalties of 7,000 convicts to life terms, claiming the decision was a violation of Islamic laws.
Sources in the Prime Minister Secretariat said that the PM was advised against the commutation of death sentences by the law ministry, which said it would also be a violation of the decisions of the Supreme Court. The president, in the law ministry’s view, has no right to commute a death sentence awarded under Hadood and Qisas laws. Similarly, even some categories of capital punishment given in murder cases, registered under Tazir laws (man made laws), could not be pardoned or commuted to life term without the consent of heirs of victim.
However, the federal cabinet still decided to convert the death penalties.
A PM Secretariat source said that the law ministry, in its advice, acknowledged that the Article 45 of the Constitution of Pakistan empowered the president to commute any sentence passed by any court, tribunal or other authority. (Sources: International The News, 04/07/2008)