Law: Constitution of Pakistan, 1973

Section: 199(1)(3)

Law: Pakistan Army Act, 1952

Section: 40

Constitution of Pakistan (1973)--- ----Art. 199(1)(3)---Pakistan Army Act (XXXIX of 1952), S.40---Constitutional petition against sentence awarded by Summary Military Court and dismissal of petitioner from service under Pakistan Army Act, 1952---Petitioner contended that he was forced to make judicial confession---Validity---High Court was expressly barred by Art.199(3) of the Constitution to make an order in respect of a member of the Armed Forces of Pakistan unless the impugned was against the principles of natural justice or passed with mala fide or without jurisdiction---Petitioner had availed all the remedies under the law; he preferred appeal before court of appeals which was dismissed---Petitioner failed to point out any illegality or jurisdictional error in the impugned s---Constitutional petition was dismissed. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, J.--- The petitioner has challenged the conviction and sentence of the petitioner awarded by Summary Military Court for nine months' R.I., dismissal from service, reduction in ranks and fine of Rs.50,000. 2. Brief facts of the case are that the petitioner was employed in Pakistan Army as head clerk in S and T Branch of HQ 491 Engineer Group who committed fraud and prepared forged contingent bills, dated 22-11-2000 and misappropriated Rs.2,67,540 which also falls an offence under section 40 of the Pakistan Army Act, 1952. 3. Learned counsel for the petitioner contends that conviction and sentence of the petitioner be declared null and void and the petitioner be acquitted because the trial of the petitioner was coram non-judice as the petitioner was posted out from HQ 491 Engineering Group from 22-5-2001, therefore, the trial by Headquarter 491 Engineering Group was without jurisdiction. Learned counsel further contends that the confession of convict was not recorded in accordance with law as the convict was compelled to make a judicial, confession which is a nullity in the eye of law and could not be used against the petitioner. Therefore, writ petition be allowed, impugned conviction order be set aside passed against the petitioner. 4. On the other hand, learned Standing Council opposed this writ…

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