Law: Pakistan Army Act, 1952

Section: 59,97

Law: Constitution of Pakistan, 1973

Section: 10A,184(3),199

(a) Pakistan Army Act (XXXIX of 1952)--- ----S. 97---Constitution of Pakistan, Arts. 184(3) & 199---Order/sentence passed by military court---Judicial review---Scope---Any order/sentence passed by any forum including military courts, was open for judicial review under Art.199 of the Constitution before the High Court and under Art.184(3) before the Supreme Court on grounds of jurisdiction, mala fide, malice in law, infringements of rights, violation of law, non-treating as per law and unfair trial. District Bar Association, Rawalpindi and others v. Federation of Pakistan PLD 2015 SC 401 and Said Zaman Khan and others v. Federation of Pakistan through Secretary Ministry of Defence and others 2017 SCMR 1249 ref. (b) Pakistan Army Act (XXXIX of 1952)--- ----S. 97---Constitution of Pakistan, Art. 199---Order/sentence passed by military court---Judicial review by the High Court---Scope---High Court, in its constitutional jurisdiction had the legal mandate to positively interfere with the decision of the military courts, on certain fundamental grounds i.e. if the case of the prosecution was based on no evidence, or insufficient evidence, or absence of jurisdiction, or malice of facts and law. Muhammad Ayaz v. Superintendent District Jail Taimergara, District Lower Dir and 3 others PLD 2018 Pesh. 1 ref. (c) Pakistan Army Act (XXXIX of 1952)--- ----S. 59---Constitution of Pakistan, Art. 10A---Civil offences---Attacking law enforcement agencies and armed forces, abetment in attacking armed forces and law enforcement agencies, causing death of a person, abetment in causing death and injury, possessing explosives, overawe section of the public---Appreciation of evidence---Belated confessional statements given after lengthy confinement in military internment centres---Cases of no evidence based on malice---Denial of right to engage private defence counsel---Several accused persons were tried in military courts on charges of being involved in terrorist activities---All of them allegedly confessed to their guilt and accordingly were awarded sentences of death by the military courts---Perusal of entire record in each and every case showed that none of the accused was ever, by…

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