Law: Martial Law Order, 1977

Section: 4, 5

Law: Pakistan Army Act (XXXIX of 1952)

Section: 90, 96, 119, 122, 123, 126

(a) Martial Law Order, 1977 [C. M. L. A.'s] No. 4, para. 5 read with Pakistan Army Act (XXXIX of 1952), Ss. 90, 96, 119, 122, 123 & 126 and Pakistan Army Act Rules, 1954, r. 57-Retrial-Accused found not guilty of charges by Special Military Court-Cannot under any provision of Pakistan Army Act, 19521 or Rules framed thereunder be put to trial, fresh trial or second trial except when confirming authority asks referring Court to revise its order on existing evidence or after recording additional evidence Law and rules, held, provide for retrial only in case of lunatics in circumstances mentioned.-[Retrial]. (b) Martial Law Order, 1977 [C. M. L. A.'s] No. 4, para. 5 read with Pakistan Army Act (XXXIX of 1952), Ss. 90, 96, 119, 122, 123 & 126 and Pakistan Army Act Rules, 1954, r. 57-Re-trial-Finding of not guilty returned by Military Court and confirmation thereof either refused or withheld, by confirming authority-No specific provision, held, exists in law or rules to take further proceedings in such a case.-[Retrial]. (c) Pakistan Army Act (XXXIX of 1952) Ss. 126 & 130-Maxim: Generalia speciallbus non derogant-Inter pretation of statutes-Specific provisions available in certain matter= General provisions rendered inapplicable-Contention that finding of not guilty having been refused to be confirmed general provisions in regard to initial trial became applicable, held, not correct for otherwise Legislature would not have made special provisions for cases where retrial could be ordered.-[interpretation of statutes-Maxim-Retrial]. (d) Martial Law Order, 1977 [C. M. L. A.'s]  No. 4, para 5 read with Pakistan Army Act (XXXIX of 1952), Ss. 90 & 126-Retrial-Section 126 not independent of S. 90 and both to be read together-Section 90 prohibiting trial again of accused whether acquitted or convicted, words "tried again" cover second or subsequent trial of accused whether found guilty or acquitted. [Retrial]. Mukhtar Rana's case P L D 1973 S C 49 and Manual of Pakistan Military Law, published by the Ministry of Defence, Government of Pakistan in 1958 ref. (e) Martial Law Order, 1977 [C. M. L. A.'s] No. 4, para. 5 read with…