Law: Pakistan Army Act (XXXIX of 1952)

Section: 95

P L D 1957 Azad J. & K. 1         Pakistan Army Act (XXXIX of 1952),   S. 95----Whether Court other than trial Court can refer case to Government.   N, an army personnel, was tried and convicted under sections 497 and 498, A. P. C. by a Magistrate, in spite of objection against the trial of the accused in the Criminal Court by the Officer Commanding of the Unit of the accused. On appeal the Sessions Judge held that the Magistrate acted wrongly in not heeding the objection of the Commanding Officer and in trying and convicting the accused. The Judge however abstained from passing any orders on the merits of the case and referred the case to the Government under section 95 of the Pakistan Army Act, 1952.   On the issue raised by the Government Advocate in the Revision Petition against the order of the Sessions Judge whether the Sessions Judge could refer the case to the Government under section 95 of the Pakistan Army Act, 1952.   Held, that reference to the Government by the Sessions Judge was wrong in law. Under section 95 of the Pakistan Army Act, only the Court in which a case is instituted and which has jurisdiction to try it, is competent to refer the case to the Government.         JUDGMENT ABDUL HAMID KHAN, J ----This is a revision petition against the order of Sessions Judge, Bagh, dated 4th February 1956, whereby he referred the case against the respondents to the Government. Brief facts leading to this revision are asunder:-   Nasibullah and Abdur Rahman, the non-applicants, were convicted under sections 49 and 498, A. P. C. and sentenced each to two years' rigorous imprisonment under each section. The sentences were ordered to run consecutively.   Many other persons besides the respondents were also named as accused in the first information report but out of them the non-applicants Nasibullah, Abdur Rahman, Mst. Akbar Jan and Mst. Afsar Jan were arrested by the police. The rest of them Ramzan Mir, Nizam Din and Maqbool who are employed in the 2 A. K. Field Ambulance stationed at Bagh and Mst. Maja and Mst. Jantti who are the wives of two of these employees could not be…