| Citation(s) |
|---|
| 1993 SLG 1514 1993 SLD 1514 = 1993 PLD 218 |
W.P. No.1766 of 1986, decided on 2nd February, 1993
Presented By: Before Irshad Hassan Aan and Muhammad Afif, JJ
Kh. Habib Ullah and C. M. Latif Rawn for Petitioners. Muhammad Farooq Bedar, Addl. A.-G., Punjab for
Respondents Nos 1to4 ' Ch. Ijaz Ahmad, Dy. Attorney-General for the Federation.
SAEED AHMED and others --- Petitioners
VERSUS
THE PROVINCE OF THE PUNJAB through the Home Secretary and 4 others --- Respondents
Law: Constitution of Pakistan 1973
Section: 307 , 326 , 354 , 452 , 148 , 149
Martial Law Orders (C.M.L.A-'s) No.4--- --Paras. 2 & -Paras. 2 & 3 of M.L.O. No.4 conferred jurisdiction on the Military Court to try and punish any person for offences under any Martial Law Order or under any other laws mentioned in cl. (a) thereof notwithstanding that the offence was triable exclusively by a Special Court or Tribunal or Special Judge or any other Authority or body. [p. 2271 A Martial Law Orders (C.M.LA's) Nos. 4 & 5--- ---- Martial Law Regulation (C.M.LA's) No.3 --- Penal Code (XLV of 1860), Ss.307, 326 354, 452, 148 & 149 --- West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 16 --- Constitution of Pakistan (1973), Art. 199--Accused charged with offences under M.L.R. No.3 (C.M.L.A.'s), Ss. 307, 326, 354, 452, 148 & 149, P.P.C. and S.16, Maintenance of Public Order Ordinance, 1960 -- - Imposition of fine by Summary Military Court --- Validity --- Although imposition of fine was not contemplated by M.L.R. No.3 but the fine could validly be imposed by the Summary Military Court under various provisions o P.P.C. and Maintenance of Public Order Ordinance, 1960 and no exception could be taken to that. [p. 2271 B & C Martial Law Order (C.M.L.A.'s) NoA & 5--- ---- Martial Law Regulation (C.M.L.A.'s) No.3 --- Penal Code (XLV of 1860), Ss. 307,326,354, 452,148 & 149 --- West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960), S. 16 --- Constitution of Pakistan (1973), Arts. 199, 4, 23, 24 & 270-A --- Constitutional petition---Order of confiscation of property of convicts by Summary Military Court --- Convicts were tried under Martial Law Regulation (C.M.L.A.'s) No.3; Ss.307,326,354,452,148 & 149, P.P.C. and S. 16 of Maintenance of Public Order Ordinance 1960 --- Summary Military Court having no jurisdiction to order confiscation of property of convicts, order of confiscation was coram non judice and confiscation of property violated Arts. 4, 23 & 24 of the Constitution of Pakistan (1973) and incapable of conferring any right on the Government on the basis of mutation sanctioned in its favour Confiscation of property…