| Citation(s) |
|---|
| 2017 SLG 1077 2017 SLD 1077 2017 SCMR 1249 |
Supreme Court of Pakistan
Civil Petitions Nos. 842 of 2016, 3331, 3332, 3674 and 3777of 2015, 06, 32, 211, 278, 417, 1263, 1306, 1335, 1353, 1503and 1541 of 2016, decided Date : 29th August, 2016. Dates ofhearing: 13th, 14th and 20th June, 2016.
AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE, MANZOOR AHMED MALIK, JUSTICE, FAISAL ARAB, JUSTICE
Ms. Asma Jahanghir, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record for Petitioners (in C.Ps. Nos.3331/2015, 3332/2015, 32, 211, 1335 and 1503/2016).Abdul Latif Afridi, Senior Advocate Supreme Court and Khalid Anwar Afridi, Advocate Supreme C
Civil Petitions Nos. 842 of 2016, 3331, 3332, 3674 and 3777of 2015, 06, 32, 211, 278, 417, 1263, 1306, 1335, 1353, 1503and 1541 of 2016, decided Date : 29th August, 2016. Dates ofhearing: 13th, 14th and 20th June, 2016.
AMIR HANI MUSLIM, JUSTICE, SH. AZMAT SAEED, JUSTICE, MANZOOR AHMED MALIK, JUSTICE, FAISAL ARAB, JUSTICE
Ms. Asma Jahanghir, Advocate Supreme Court, Ch. Akhtar Ali, Advocate-on-Record for Petitioners (in C.Ps. Nos.3331/2015, 3332/2015, 32, 211, 1335 and 1503/2016).Abdul Latif Afridi, Senior Advocate Supreme Court and Khalid Anwar Afridi, Advocate Supreme C
SAID ZAMAN KHAN AND othersVS.FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF DEFENCE AND others
Law: Pakistan Army Act, 1952
Section: 2(1)(d)(iii),59,91,97,104,130
Law: Pakistan Army Rules, 1954
Section: 23,24,35,36,37,81,91,95,130,132,142
Law: Constitution of Pakistan, 1973
Section: 8(3),10(A),FirstSchedule,184(3),199
Per Sh. Azmat Saeed, J; Anwar Zaheer Jamali, CJ, Amir Hani Muslim, Manzoor Ahmed Malik and Faisal Arab, JJ agreeing (a) Pakistan Army Act, (XXXIX of 1952)---.--- ---.----S. 97---.---Constitution of Pakistan, Arts. 184(3) & 199---.---Conviction and sentence awarded by Field General Court Martial (FGCM)---.---Judicial review---.--- Grounds---.--- Any order passed or sentence awarded by a Court Martial or other forums under the Pakistan Army Act, 1952, as amended by the Pakistan Army (Amendment) Act, 2015, was subject to judicial review both by the High Courts and the Supreme Court, inter alia, on the ground of coram non judice, without jurisdiction or suffering from mala fides including malice in law. District Bar Association, Rawalpindi and others v. Federation of Pakistan and others PLD 2015 SC 401; The State v. Zia-ur-Rahman and others PLD 1973 SC 49; Brig. (Retd.) F.B. Ali and another v. The State PLD 1975 SC 506; Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Ex. Lt. Col. Anwar Aziz (PA-7122) v. Federation of Pakistan through Secretary, Ministry of Defence, Rawalpindi and 2 others PLD 2001 SC 549; Mst. Tahira Alams and another v. Islamic Republic of Pakistan through Secretary, Ministry of Interior, Islamabad and another PLD 2002 SC 830; Federation of Pakistan and others v. Raja Muhammad Ishaque Qamar and another PLD 2007 SC 498; Ghulam Abbas Niazi v. Federation of Pakistan and others PLD 2009 SC 866; Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through Secretary and others PLD 2010 SC 61; Secretary, Ministry of Religious Affairs and Minorities and 2 others v. Syed Abdul Majid 1993 SCMR 1171; Begum Syed Azra Masood v. Begum Noshaba Moeen and others 2007 SCMR 914; Syed Rashid Ali and others v. Pakistan Telecommunication Company Ltd. and others 2008 SCMR 314; Federation of Pakistan through Secretary Defence and others v. Abdul Basit 2012 SCMR 1229; Rana Muhammad Naveed and another v. Federation of Pakistan through Secretary M/o Defence 2013 SCMR 596; Karamat Ali v. State PLD 1976 SC 476 and…