Law:

Section:

(a) Pakistan Army Act (XXXIX of 1952)- S. 131 read with Constitution of Pakistan (1973), Art. 45-Mercy petition-Petitioners convicted by Military Court and their sentences confirmed by Chief Martial Law Administrator-Petitioners' petition under S. 131, Army. Act, also dismissed by Chief Martial Law Administrator-Mercy petition subsequently filed under Art. 45 of Constitution though not decided yet dismissal of petition under S. 131, Army Act, held, amounts to dismissal of mercy petition also­ High Court, held further, devoid of jurisdiction to go into matter in circumstances-Constitution of Pakistan (1973), Art. 199. Per Rustam S. Sidhwa, J. (eontra)- (b) Pakistan Army Act (XXXIX of 1952)- -.-- S. 131 read with Constitution of Pakistan (1973), Art. 45-Mercy petitioner-Convict's petitions under S. 131, Army Act dismissed by Chief Martial Law Administrator but mercy petition under Art. 45 of Constitution not yet decided-Prescribed officer under S. 131, Army Act, though President of Pakistan himself yet be exercised his appellate power under such section as Chief Martial Law Administrator­ Exercise of power by `him under Art. 45 of Constitution, on other hand to be done in his capacity as President of country-Power granted to President under Art. 45 of Constitution-Held : Supersedes power granted to him acting in his capacity as Chief Martial Law Ad­ministrator under Army Act-Complainant. party having compromised matter with convicts/petitioners as alleged, such consideration may prevail with President of Pakistan to commute death sentence of petitioners-Para. 2 of Provisional Constitution Order, 1981, having preserved Art. 45 of Constitution and no order having been made by President or Chief Martial Law Administrator to abridge such power in any way, Provincial Home Secretary and Superintendent of Jail, in circumstances, duty bound to ensure death sentence being not executed till mercy petition finally decided by President of Pakistan Constitution of Pakistan (1973), Art. 199. JUDGMENT DAVID IQBAL, J.-The petitioners have been convicted and sentenced by a Military Court. The sentence was subsequently confined by C. M. L. A. It is contended that thereafter a…

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