| Citation(s) |
|---|
| 1980 SLG 3005 = 1980 SLD 3005 = 1980 PLD 165 |
Lahore High Court
-------Writ Petition No. 1292 of 1979, decided on 11th August, 1979.
Presented By: Zakiuddin Pal, J
Ch. Shah Muhammad v. S. H. O., City Police Station, Rahimyar Khan and 2 others P L D 1976 Lab. 1412; Haji Muhammad Khan v. Ch. Khizar Hayat and 3 others P L D 1977 Lah. 424 ; M. Anivar, BaratLaw v. The Station House Ofcer, Civil Lines Police Station, Lahore P L D 1972 Lah. 493 ; Ch. Ata Ullah v. Ch. Mumtaz Ahmad Kahlon and 3 others 1973 P Cr. L J 69 ; Nazir Ahmad v. Khushi Muhammad and 2 oihers 1974 P Cr. L J 579 and Sawant v. S. H. O., Kasur etc. P L D 1.975 Lah. 733 ref. Ejaz Hussain Batalvi and Aftab Gul for Petitioner. Rashid Aziz, A. A.G. for
Respondents.
-------Writ Petition No. 1292 of 1979, decided on 11th August, 1979.
Presented By: Zakiuddin Pal, J
Ch. Shah Muhammad v. S. H. O., City Police Station, Rahimyar Khan and 2 others P L D 1976 Lab. 1412; Haji Muhammad Khan v. Ch. Khizar Hayat and 3 others P L D 1977 Lah. 424 ; M. Anivar, BaratLaw v. The Station House Ofcer, Civil Lines Police Station, Lahore P L D 1972 Lah. 493 ; Ch. Ata Ullah v. Ch. Mumtaz Ahmad Kahlon and 3 others 1973 P Cr. L J 69 ; Nazir Ahmad v. Khushi Muhammad and 2 oihers 1974 P Cr. L J 579 and Sawant v. S. H. O., Kasur etc. P L D 1.975 Lah. 733 ref. Ejaz Hussain Batalvi and Aftab Gul for Petitioner. Rashid Aziz, A. A.G. for
Respondents.
MUHAMMAD ILYAS-Petitioner
VERSUS
Tam MARTIAL LAW ADMINISTRATOR, ZONE `A', PUNJAB, LAHORE AND ANOTHER-Respondents
Law: Martial Law Order, 1977
Section: 4
Law: Constitution of Pakistan, 1973
Section: 199
Law: Criminal Procedure Code (V of 1898)
Section: 154, 173, 190, 200 to 203F. 1. R
(a) Martial Law Order, 1977 [C. M. L. A: s] No. 4 [as amended by Martial Law Order, 1977 [C. M. L. A.'s] No. 37]Transfer of cases to Military CourtPrerequisites of maintenance of law and order or public tranquillity or expeditious disposal in public interestSuch prerequisites not duly considered before passing order for : transfer of caseOrder, held, passed in mechanical manner.[Transfer of criminal cases]. Haji Abdur Rashid and others v. State and 2 others P L D 1979 Lah. 274 ref. (b) Laws (Continuance in Force) Order (1 of 1977) And Martial Law Order, 1977 [C. M. L. A.'s] No. 37Martial LawJurisdiction of ordinary Courts in relation to cases registered under Penal CodeNot taken awayOrder under M. L. O. 37 to be passed sparingly in very exceptional circumstancesMere mention in transfer order that trial of case by Military Court is necessitated for maintenance of law and order or expeditious disposal in public interest, held, would not be sufficient to give jurisdiction to Military Court unless specifically brought out in orderNo part of country faced with any serious law and order situationTrial of civilians at such stage, by Military Courts for offences other than those covered by M. L.. R. or M. L. O.Will not tend to advance or promote good of people nor be for sake of ordinary orderly running of State Main objective of Martial LawRestoration of law and order in country and earliest possible holding of free and fair election Present law and order situation in country quite normalCongenial for holding free and fair elections.[ Martial Law]. Mr. Zulfikar Ali Bhutto v. The State P L D 1978 S C 40 ref.' (c) Martial Law Order, 1977 [C. M. L. A.'s]. No. 4 [as amended by Martial Law Order, 1977 [C. M: L. A.'s] No. 37Trial of civilians by Military CourtsJustification. Trial of civilians by the Military Courts in very exceptional circumstances may be justified, if the country is faced with serious law and order situation, so as to keep calm and tranquillity. This being not the position, High Court does not find any justification, irrespective of the fact that jurisdiction has been conferred upon the Military Courts to try civilians for…