Law:

Section:

Sind Service Tribunals Act (XV of 1973)- --S. 4 read with Pakistan Army Act (XXXIX of 1952), S. 143 (1) (i)-Jurisdiction of Service Tribunal-Barred in proceedings of Military Court under Pakistan Military Act, 1952 or any Martial Law Regulation or Order-Civil Servant convicted by Military Court for offence of rape under M.L.R. 34-Conviction set aside by competent Martial Law Authority on compassionate grounds with direction for not re-instatement in service-Appeal before Tribunal pressed on plea that having pardoned under S. 143 (1) (i) of Pakistan Army Act, 1952 placing embargo on re-instatement in service was not in accordance with Law-Jurisdiction of Tribunal, held, barred in such matter and Tribunal cannot express even an opinion on legality or otherwise of proceedings taken under M.L.R. 34 or condition attached to grant of pardon. Ali Aslam Jaffery for Appellant. Hassan Akbar, A. A.-G. for Respondents. JUDGMENT MUSHTAK ALI KAZI (CHAIRMAN).-The appellant an A. S. I. posted at City Police Station, Hyderabad was convicted under Martial Law Regulation No. 34 by the Military Court for having committed rape on one Mst. Rehana alias Mairaj and he was sentenced to undergo R.I. for one year with 15 lashes and a fine of Rs. 10,000. On mercy petition by his mother, the D. M. L. A. on compassionate grounds set aside appellant's conviction but directed that in view. of the gravity of the offence, the appellant could not be re-instated in Police service The appellant then filed a petition before the Martial Law Administrator through the Inspector-General of Police, Karachi. The matter was placed before the Martial Law Administrator Zone `C' who did not agree to the re-instatement of the Ex-A.S.I. Abdul Sami of Hyderabad and he was informed accordingly through the Home Department.. N The appellant had managed to register an F.I.R. against Mst. Rehana alias Mairaj and her- relations for offence under section 294, P.P.C. and the case was investigated and found to be false. No further action was,…

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