| Citation(s) |
|---|
| 2017 SLG 1594 2017 SLD 1594 2017 SCMR 580 |
Supreme Court of Pakistan
C.R.Ps. 87, 125 of 2015 in C.As. Nos. 1366, 718 of 2007, C.M.A. No. 7144 of 2015, C.M.A. No. 6887 of 2015 in C.R.P. No. 452 of 2015 in C.P. No. 276 of 2015, decision Date : 23-01-2017. (For review of the judgment Dated 1.4.2015 passed by this Court in C.A
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Col. (R) Muhammad Akram, Advocate Supreme Court and Ch. Akbar Ali, Advocate-on-Record for Applicant/Petitioner (in C.M.A. 6887 of 2015 and C.R.P. 125 of 2015). Nemo (in C.R.P. 87 of 2015). Sajid Ilyas Bhatti, DAG and Major Asad, JAG, G.H.Q. for Responde
C.R.Ps. 87, 125 of 2015 in C.As. Nos. 1366, 718 of 2007, C.M.A. No. 7144 of 2015, C.M.A. No. 6887 of 2015 in C.R.P. No. 452 of 2015 in C.P. No. 276 of 2015, decision Date : 23-01-2017. (For review of the judgment Dated 1.4.2015 passed by this Court in C.A
AMIR HANI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Col. (R) Muhammad Akram, Advocate Supreme Court and Ch. Akbar Ali, Advocate-on-Record for Applicant/Petitioner (in C.M.A. 6887 of 2015 and C.R.P. 125 of 2015). Nemo (in C.R.P. 87 of 2015). Sajid Ilyas Bhatti, DAG and Major Asad, JAG, G.H.Q. for Responde
EX-LANCE NAIK MUKARRAM HUSSAIN AND OTHERS
VS
FEDERAL GOVERNMENT, M/O DEFENCE THROUGH CHIEF OF THE ARMY STAFF AND OTHERS
Law: Criminal Procedure Code (V of 1898)
Section: 1(2),5(2),345(2)
Law: Constitution of Pakistan, 1973
Section: 184,185,188
Law: Pakistan Army Act, 1952
Section: 143
(a) Criminal Procedure Code (V of 1898)--- ----Ss. 1(2), 5(2) & 345(2)---Pakistan Army Act (XXXIX of 1952), S. 143---Conviction and sentence recorded under the Pakistan Army Act, 1952---Compromise filed before the Supreme Court---Jurisdiction of Supreme Court---Scope---Provisions of the Criminal Procedure Code, 1898 were not applicable to the matters governed by any Special or Local Law unless specifically provided in the said laws wholly or to any extent---Person who was proceeded against under a special law (Pakistan Army Act, 1952), he would be dealt with according to the procedure of enquiry/investigation and trial as laid down in the said special law---Provisions of Cr.P.C., therefore, would not be attracted to a case involving an offence dealt with by the Field General Court Martial under the Pakistan Army Act, 1952---Accused persons, in the present case, were dealt with in accordance with the provisions of the Pakistan Army Act, 1952---Provisions of S. 143 of the Pakistan Army Act, 1952 provided that it was the Federal Government or the Chief of Army Staff or any officer not below the rank of Brigadier empowered in such behalf by the Chief of Army Staff who was empowered to grant pardons, remissions and suspensions---Since provisions of the Pakistan Army Act, 1952 were special law, the Supreme Court could not assume jurisdiction in the matter of compromise between the accused persons and legal heirs of the deceased---Review petition along with application was dismissed accordingly. (b) Constitution of Pakistan--- ----Art. 188---Review of Supreme Court ---Scope---Scope of review provided under Art. 188 of the Constitution was very limited as such jurisdiction could only be exercised by the Supreme Court when there was an apparent error on the face of the record having bearing on the fate of the case. (c) Constitution of Pakistan--- ----Arts. 184 & 185---Pakistan Army Act (XXXIX of 1952), Preamble---Orders or actions of the Armed Forces---Supreme Court, jurisdiction of---Scope---Where such orders or actions suffered from mala fide, jurisdictional error or were coram non judice, jurisdiction of the Supreme Court was not ousted. Ghulam Abbas v.…
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