| Citation(s) |
|---|
| 2021 SLG 1640 2021 SLD 1640 2021 SCMR 1176 |
Supreme Court of Pakistan
Civil Petition No. 1125 of 2018, decided on 6th May, 2021, Date of hearing: 6th May, 2021. (Against the judgment Dated 26.01.2018 passed by the Lahore High Court Rawalpindi Bench Rawalpindi in W.P. No. 2271/2012)
MUSHIR ALAM, JUSTICE, YAHYA AFRIDI, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
S.A. Mahmood Khan Saddozai, Advocate Supreme Court, Ms. Rubina Mahmood Khan Saddozai, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sajid Ilyas Bhatti, Additional Attorney General for Pakistan and Major Haider and Major Az
Civil Petition No. 1125 of 2018, decided on 6th May, 2021, Date of hearing: 6th May, 2021. (Against the judgment Dated 26.01.2018 passed by the Lahore High Court Rawalpindi Bench Rawalpindi in W.P. No. 2271/2012)
MUSHIR ALAM, JUSTICE, YAHYA AFRIDI, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
S.A. Mahmood Khan Saddozai, Advocate Supreme Court, Ms. Rubina Mahmood Khan Saddozai, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Sajid Ilyas Bhatti, Additional Attorney General for Pakistan and Major Haider and Major Az
EX-PA 43620 LT. ASIM BASHIR
VS
FEDERATION OF PAKISTAN AND 3 OTHERS
Law: Penal Code (XLV of 1860)
Section: 302(B),496B
Law: Criminal Procedure Code (V of 1898)
Section: 549
Law: Pakistan Army Act, 1952
Section: 94,95,93
(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 496B---Criminal Procedure Code (V of 1898), S.549---Pakistan Army Act (XXXIX of 1952), Ss. 94 95---Qatl-i-amd, fornication---Reappraisal of evidence---Delivery to military authorities of persons liable to be tried by Court-martial---Prosecution before Field General Court Martial---Scope---On the relevant day, the accused was serving as a lieutenant in the Army---Though the incident occurred in a civilian neighbourhood, accused was apprehended by the Military Police on the fateful day and a case for murderous assault was registered on the basis of information laid by victims husband, himself a serving Major in the Army---Accused conspicuously figured as the prime suspect therein---Given his status as an army officer, apprehension, custody and prosecution of accused before a Field General Court Martial were steps taken within the remit of S. 549 of the Code of Criminal Procedure, 1898 (Cr.P.C.) which unambiguously authorized such a prosecution on the option of Commanding Officer, a choice that was in line with the concurrent jurisdiction of Court Martial and Criminal Courts on the discretion of Prescribed Officer as contemplated by Ss. 94 95 of the Pakistan Army Act, 1952 (the Act) laying down the procedure in such an eventuality---Therefore, the argument that the accused was not liable to be treated as subject to the Act in view of the nature and venue of the crime was entirely beside the mark---Petition for leave to appeal was dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 496B---Pakistan Army Act (XXXIX of 1952), S. 93---Qatl-i-amd, fornication---Reappraisal of evidence---Field General Court Martial---Venue---Accused was presented before a Field General Court Martial convened at Cantonment of city B for his prosecution---Plea of accused that the Field General Court Martial was not convened at the proper venue as contemplated by S. 93 of the Pakistan Army Act, 1952 (the Act) as the accused had since been transferred to another station and, thus, the entire exercise was a nullity in the eye of law---Held, that in view of the options available to the Army authorities under S. 93 of…
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