Law: Constitution of Pakistan, 1973

Section: 199

Pakistan Army Act (XXXIX of 1952)--- ----Ss. 55 & 59---Constitution of Pakistan, Art.199---Constitutional petition---Violation of good order and discipline---Civil offence---Trial by Court Martial---Petitioner who was posted as Lance Naik in Pakistan Army, while he was driving a truck, a motorcyclist collided with his truck and motorcyclist expired in said accident---Legal heirs of deceased pardoned accused in the name of Allah---Petitioner was proceeded under Ss.59 & 55 of Pakistan Army Act, 1952 and was sentenced to six months’ R.I. and dismissed from service and was directed to pay Diyat to the children of the deceased---Since accused had served out the period of his sentence and the legal heirs of the deceased had forgiven him in the name of Allah and waived their right of qisas and Diyat, no useful purpose would be served to keep accused in jail for indefinite period---Accused, on the basis of compromise would be released on bail---Case was sent back to the Trial Court to take necessary steps for securing the rights of minor. ORDER CH. SHAHID SAEED, JUSTICE:---.--- Facts of the case are that the petitioner was posted as Lance Naik in Pakistan Army. He along with two other officials while driving a truck when reached five kilometers away from Yazman then a motor cyclist collided with the vehicle and the Motor Cyclist expired due to accident. The local police reached at the spot and initiated proceedings against him but the legal heirs of the deceased-Abdul Javaid got recorded their statements and preferred an affidavit alleging therein that they are not willing for criminal action against he petitioner and they have pardoned him in the name of Allah. thereafter, the Army authorities referred the matter before Summary Court Martial and proceeded under sections 59 and 55 of Pakistan Army Act 1952, and petitioner was sentenced to six months’ R.I. ‘and was dismissed from service. He was also directed to pay Diyat to the children of the deceased. 2. Learned counsel contends that the petitioner has served out the period of his sentence and in view of the report of learned ASJ Bahawalpur order for release of the petitioner be passed. At present, the…

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