Law: Constitution of Pakistan

Section: 280

(a) Pakistan Army Act (XXXIX of 1951)  S. 144 read with S. 147Sentence, computation ofSentence awarded by a Military CourtCan be suspended by Federal Government, CommanderinChief or any Officer empowered to convene a general or field general Court Martial or a Special Military Court itself Period during which sentence remained under suspensionTo be reckoned as part of term of sentenceSentence of petitioners, however, never suspended by any of competent Military Officers as provided by S. 144 of Army ActNo benefit, held, can be taken by petitioners out of S. 147 of Army Act.[Sentence]. (b) Constitution of Pakistan (1972)  Art. 280, cls. (1) & (2).read with Martial Law (Pending Proceedings). Order (P. O. 14 of 19721, S. 6(2)President's Order 14 of 1972A valid OrderProvisions contained in S. 6(2) of OrderApplicable if sentence awarded by a Military Court, put into execution under warrant of District MagistratePeriod spent by petitioners on bail by High Court, held, cannot be reckoned as part of term of sentence awarded to petitioners.[Sentence]. Date of hearing : 18th June 1979.                                                                                                                                JUDGMENT Four persons, Mehr Din, Ryas, Mand and Ashiq, residents of Rattali Virkan, Tehsil and District Gujranwala, alongwith 27 others, were convicted under section 302/201 /429/436,/148, P. P. C. for committing some murders in the said village in 1968. Five of the accused persons were sentenced to death whereas the persons abovenamed were recommended to be sentenced to undergo transportation for life alongwith others,. on 2491974, by a Special Military Court at Gujranwala. The sentences so .awarded was to be confirmed by the higher Martial Law Authority but since the Martial Law was lifted in April 1972, therefore, needful in this…