The authority granted to the President by Article 45 of the Constitution is on a high pedestal. It is separate from the Code of Criminal Procedure,1898, and is not subject to its syncopation or that of the other subsidiary statutory or executive provision. Hence, section 402-C Cr.P.C. insofar as it clogs that authority is ultra vires the Constitution and has no force.
Writ Petition No. 27557/2021
Mubarik Ali alias Makhan Vs. Government of the Punjab etc.
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