Law:

Section:

Martial Law Order, 1977 [C. M. L. A.'s] No. 4, paca. 7(d) read with Law Reforms Ordinance (XII of 1972), S. 3(2), proviso and Constitution of Pakistan (1973), Art. 199 Word "review" used in para. 7(d) of M. L. O. No. 4-Held, does not fulfil legal requirements of word "review" used in proviso to S. 3(2) of Ordinance-Intra-Court appeal, therefore, not barred but competent against decision of a Single Judge under Art. 199 of Constitution against Order of Summary Military Court.-[Review-Interpretation of statutes]. The word "appeal" or "revision", "review" used in proviso to section3(2) of the Law Reforms Ordinance, 1972 is a statutory remedy available to the aggrieved party, which not only confers certain powers upon such Court, Tribunal etc. but also provides a remedy and in some cases a right to the aggrieved party. The words "appeal", "revision", "review" have been used in this proviso in the same remedial sense and with the same intention and it is for that reason that in such a situation the right of Intra Court Appeal has been taken away. The word "review" used in clause (d) of proviso to paragraph 7 of M. L. O. No. 4 does not provide any remedy or right to the aggrieved as does the word "review" in proviso to section 3(2) of the Law Reforms Ordinance. 1972, because the nature of the so-called "review" before the Martial Law Authority admittedly is such that the aggrieved party-the convict, has neither the knowledge nor the occasion to participate in such proceedings which are conducted ex parte qua him. Under M. L. O. No. 4, the proceedings of Summary Military Court are automatically and without delay forwarded to:Martial Law Administrator of the Zone concerned for review and the aggrieved party has even no concern with this process of submitting the proceedings to the Martial Law Administrator. It is purely a sort of departmental affair having nothing to do with the convict. In other words, the aggrieved party cannot take any initiative or otherwise invoke this review jurisdiction. The duty is cast upon Summary Military Court itself to forward its proceedings to the Martial Law Administrator of the Zone without any delay. Further, the aggrieved party is…

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