Law: Pakistan Army Rules, 1954

Section: R.53-D

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Official Secrets Act, 1923

Section: 3

Pakistan Army Rules, 1954--- ----R. 53-D---Official Secrets Act (XIX of 1923), S. 3---Criminal Procedure Code (V of 1898), S.382-B---Offence prejudicial to the safety or interest of the state---Period of pre-conviction, consideration of---Allegation against the accused persons was that they had communicated such documents, information and sketches to the enemy which could directly or indirectly useful for him---Field General Court Martial punished them with imprisonment and also dismissed them from service---Convicts filed appeals before the Army Court of Appeal, but their appeals were dismissed, however, the term of imprisonment was reduced---Accused persons filed writ petition before the High Court on the sole ground that the benefit of R.53-D of Pakistan Army Act Rules, 1954, had not been extended to them, which was mandatory in nature---Petition for leave to appeal was accepted---Validity---Grant of benefits of R.53-D of Pakistan Army Act Rules, 1954 and S.382-B, Cr.P.C. were although necessary while awarding the sentence but the same was not mandatory---Said provisions were to compensate the convict for the delay caused in the conclusion of the trial---Court, in appropriate cases, while exercising discretion, could refuse to grant the protection concerning the period spent by the convict as under trial prisoner, however, discretion must be exercised judiciously---In the present case, convicts had committed heinous crime and the Trial Court had not awarded them the maximum punishment rather had taken very lenient view---Appellate Authority had further reduced the sentence awarded to one of the convicts, which showed that the convicts had already been compensated adequately by the military courts---Circumstances established that High Court had passed the impugned in a telegraphic manner and extended the benefit to the convicts without assigning any reason---Appeal was accepted by setting aside the impugned , in circumstances. Sain Muhammad v. The State and others 2015 SCR 339; Javed Iqbal v. The State 1998 SCMR 1539 and Shahbaz Afghan v. The State 1993 SCMR 224 rel. THIS JUDGMENT DELIVERED BY: RAJA SAEED AKRAM KHAN, J.--- The titled appeal by leave of the…

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