Law:

Section:

Keywords: Armed Forces, Necessity, Conviction, Division, Disclose, Non-Compliance, Constitution Of Pakistan, Prima Facie, Government, Petitioner, Procedure, Set Aside, Compliance, Province, Failure, Political Party, Language, Administrator, Evidence, Constitution, Order, Custody, Offences, Prejudice, Grounds, Examination, Sedition, Change, Information, Guilty, Failure To Comply, Methods, Chairman, Defence Result: Petition allowed JUDGMENT Z. A. CHANNA, J.-These two Constitutional Petitions assail the trial and conviction of and the sentences a warded to Khuda Bux Lasi and Muhammad Hussain Azad, to whom we will refer to as the detenus, by a Summary Military Court, Karachi, under Martial Law Regu lation 13. 2. The facts which have given rise to these two petitions, briefly stated, are that on 15th October, 1978 at 17.50 hours the two detenus were arrested, by a Police party of Preedy Police Station, headed by S. I. P. Khalid Mahmood, while the detenus were offering themselves for arrest and raising slogans. At the time of the arrest both the -detenus were wearing garlands of flowers. The first information report of the offence was lodged on the same day by S. I. P. Khalid Mahmood at 17.50 hours. Both the detenus were subsequently produced before the Summary Military Court, which held the trial of the detenus between the 18th October and 1st November, 1978. At the trial the Summary Military Court examined S. 1. P. Khalid Mahmood, A. S. I. Mohib Ali, P. C. Shanaras Khan and P. C. Muhammad Sharif. All of them deposed that the two detenus had offered themselves for arrest and that they had heard both the detenus raising slogans. It may, however, be pointed out that whereas S. 1. P. Khalid Mahmood, A. S. I. Mohib Ali and P. C. Muhammad Sharif deposed that the two detenus were raising slogans of "Jiay Bhutto" "Sada Jiay Bhutto", "Martial Law Murdabad" and "Bhutto Ko Rehakaro", P. C. Shanaras Khan has testified to their raising slogans only regarding the release of Bhutto and has not deposed to their having raised any slogans of "Martial Law Murdabad". 3. Mr. M. S. Khattak, the learned counsel for the two detenus has assailed the trial and convictions of the detenus and…

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