Law: Pakistan Army Act, 1952

Section: 143

Law: Criminal Procedure Code (V of 1898)

Section: 188,345,345(6)

Law: Constitution of Pakistan, 1973

Section: 8(3),199(3)

Law: Pakistan Penal Code, 1860

Section: 34,201,302,307,309,310,311,338-E,338-E(1 )(2)

(a) Interpretation of statutes--- ----Intention of Legislature---Determination---Scope---When meaning of statute is clear and plain language of statute requires no other interpretation, then intention of Legislature conveyed through such language has to be given full effect---Plain and unambiguous words must be expounded in their natural and ordinary sense---Court is under legal obligation to discover true intent of Legislature while interpreting statute---Intention of Legislature is primarily to be gathered from language used and attention has to be paid to what has been said and also what has not been said. Messrs Hani Trading Company v. Ministry of Commerce 2018 CLD 1470 rel. (b) Pakistan Army Act (XXXIX of 1952)--- ----S. 143---Penal Code (XLV of 1860), Ss.302, 309, 310 & 311---Criminal Procedure Code (V of 1898), S.345---Qatl-i-amd---Compounding of offense---Pardon by Field General Court Martial (FGCM)---Petitioner was Major in Pakistan Army who faced Field General Court Martial for committing murder of an official of electric company whereas his co-accused was acquitted by Trial Court of plenary jurisdiction on account of compromise executed by legal heirs of deceased---Plea raised by petitioner was that in view of compromise accepted by Trial Court of plenary jurisdiction, he should be acquitted of charge and conviction imposed by Field General Court Martial---Validity---Concept of discretion provided by Legislature in S.143 of Pakistan Army Act, 1952 was absolute and no specific order was placed for perusal of High Court where army authorities had considered question of compounding independently in terms of S.143 of Pakistan Army Act, 1952---Concept of pardon or remission under S.143 of Pakistan Army Act, 1952 was qualified with or without conditions---High Cout declined to enter into arena of judicial review in terms of Art.199 of Constitution against conviction and sentence awarded by Field General Court Martial unless ground of coram non judice without jurisdiction, or suffering from mala fide including malice were apparent---Petitioner could agitate all such grounds at relevant stage before court of appeal or army authorities to take into…

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