Law: Law Reforms Ordinance, 1972

Section: 3(2)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Army Act, 1952

Section: 126,131

 Law Reforms Ordinance (XII of 1972)--   ---S.3(2)--Pakistan Army Act (XXXIX of 1952), Ss.126 131-­Constitution of Pakistan (1973), Art. 185(3)--Petition for leave to appeal against order of High Court to the effect that Intra-Court Appeal of petitioner was not competent--Revision was available to petitioner under the law--Intra-Court Appeal was rightly held by High Court to be not competent--Appeal also shown to be barred by 243 days and explanation for delay given by petitioner not holding good--Leave to appeal refused on ground of bar of limitation.   Muhammad Saleem Mirza v. The Presiding Officer, Summary Military Court No.2, Lahore and another P L D 1979 Lah. 293 ref.   Mst. Karim Bibi and others v. Hussain Bakhsh and another P L D 1984 S C 344 gel. JUDGMENT SHAFIUR RAHMAN, J.--The petitioner, convicted and sentenced by a Field General Court Martial, seeks leave to appeal against the judgment of the Lahore High Court dated 23-6-1987 whereby his Intra­ Court Appeal was held to be incompetent and dismissed in limine, on that account. The petitioner was earlier employed as a Civilian Intelligence Officer, in the Inter-Services Intelligence Directorate, Islamabad. He was tried before a Field General Court Martial under section 3 of the Official Secrets Act, 1923 read with section 59 of the Pakistan Army Act, 1952. The findings and the sentence twice recorded by the Field General Court Martial, was not confirmed by the Convening officer as required under section 126 of the Pakistan Army Act. It was the finding of the third Field General Court Martial, which was ultimately confirmed and promulgated. The petitioner was found guilty and sentenced to 5 years rigorous imprisonment. The petitioner challenged his conviction and sentence by invoking the Constitutional jurisdiction of the High Court. The main ground taken up by the petitioner was that under section 126 of the Army Act, the power of ordering revision could be exercised by the Confirm in Officer only once and not twice as was done in the case of the petitioner. This, according to the petitioner, rendered his trial for the third time and the confirmation of the findings and the sentence…

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