Case Details

Citation(s)
2016 SLG 1829 2016 SLD 1829 2016 SCP
Supreme Court of Pakistan
CIVIL PETITIONS No. 842 OF 2016, 3331, 3332,3674 & 3777 OF2015, 06, 32, 211, 278, 417, 1263, 1306, 1335, 1353, 1503AND 1541 OF 2016, 20/6/2016
MR., JUSTICE ANWAR ZAHEER, JAMALI, C.J, MR., JUSTICE AMIR HANI MUSLIM, MR., JUSTICE SH. AZMAT SAEED, MR., JUSTICE MANZOOR AHMED MALIK AND MR., JUSTICE FAISAL ARAB, JJ

Said Zaman Khan And 15 OthersVSFederation Of Pakistan Through Secretary Ministry Of Defence, Government Of Pakistan Superintendent Hsp, Sahiwal And Other

Law:

Section:

Keywords: Result: Appeal are dismissed and leave declined JUDGMENT SH. AZMAT SAEED, J.- This judgment is proposed to decide Civil Petitions for Leave to Appeal Nos.842 of 2016, 3331, 3332, 3674 and 3777 of 2015, 06, 32, 211, 278, 417, 1263, 1306, 1335, 1353, 1503 and 1541 of 2016. 2. Civil Petition for Leave to Appeal No.842 of 2016 is directed against the Order dated 26.01.2016 of the learned Lahore High Court, Rawalpindi Bench, whereby a Constitutional Petition i.e. Writ Petition bearing No.5 of 2016, filed by Mst. Momin Taj, mother of the present Petitioner, was dismissed. 3. The brief facts as narrated in the Petition are that the Petitioner was allegedly taken into custody by the Military Intelligence on 10.12.2014 from Kurri Road, Rawalpindi and despite best efforts his whereabouts could not be ascertained by his family. In October, 2015, the family of the Petitioner was informed through an unknown telephonic call that the Petitioner was confined in Adyala Jail, Rawalpindi and he had been awarded a death sentence by a Field General Court Martial (FGCM). The Petitioner's Appeal filed through the Jail before the Court of Appeal, constituted under the Pakistan Army Act, 1952 as well as his Mercy Petition to the Chief of Army Staff, was rejected. Thereafter, the Petitioner sent a Mercy Petition through the Jail to the President of Pakistan, which is allegedly pending. 4. In the above backdrop, the Petitioner's mother (Mst. Momin Taj) challenged his conviction by invoking the Constitutional Jurisdiction of the learned Lahore High Court, Rawalpindi Bench by filing Writ Petition No.5 of 2016, which has been dismissed vide the Order impugned dated 26.01.2016. However, instead of Petitioner's mother, he himself has approached this Court by filing the instant Civil Petition for Leave to Appeal. 5. Civil Petition for Leave to Appeal No.3331 of 2015 is directed against the judgment dated 14.10.2015, passed by the learned Peshawar High Court, whereby a Constitutional Petition i.e. Writ Petition No.2915 of 2015, filed by the present Petitioner, was dismissed. 6. The brief facts necessary for disposal of the instant Petition are that the Petitioner invoked the…
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