Law: Martial Law Order, 1977

Section: 7, 253

Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 6(5)

Martial Law order, 1977 [M. L. A. (Zone `A')]  No: 7 as reconstituted by Martial Law. Order, 1977 [M. L. A. (Zone ' A')l No. 253 read with Pakistan Criminal Law Amendment Act (XL of 1958), S. 6 (5)-Martial Law Order 7-A new offence for all intents and purposes and triable by a Military Court inde pendently--Legislature, held, competent to do away with provisions of Pakistan Criminal Law Amendment Act,. 1958, in regard to sanction for prosecution.-[Sanction for prosecution]. Dil Muhammad v. Summary Military Court and others P L D 1978 Lah. 796 (2) ; Manzoor Ahmad v. President, Summary' Military Court No. 3, Karachi.P L D 1979 Kar.:623 ; Muhammad Niaz v. Martial Law Adminis trator, Zone `D', Quetta card 4.otkers P L D 1979 Quetta 179- and Mapal Khan v. Martial Law Administrator, Ztine `A', Lahore P L D 1978 Lah. 766 ref. Date of hearing : 21st. July 1979.                                                                                                                                 JUDGMENT This is a writ petition to challenge, the trial of the petitioner pending before a Summary Military Court for offences under section 161, P. P. C., section 5 (2) of the Prevention of Corruption Act, 1947, and Martial Law Order No. 7 read with Martial Law Regulation No. 14. 2. The argument of the learned counsel is that a person who can be tried by a Special Judge under the Criminal Law Amendment Act, 1958, can not be tried by a Summary Military Court. He also submitted that Martial Law Order No. 7 was not a new law- which could be tried by t-he Summary Military Court irrespective of the provisions of section 161, P., P. C. and section 5 (2) of the Prevention .of Corruption .Act, 1947. In his connec tion, the learned counsel relied upon Dil Muhammad v. Summary Military Court and others (P L D 1978 Lah.796)., Manzoor Ahmad v. President,…