Law:

Section:

Pakistan Army Act (XXXI of 1952)--- ---- Ss. 59 & 133 --- Constitution of Pakistan (1973), Art.199 --- Constitutional petition --- Accused after having been found guilty by the Court Martial for the murder of the deceased was sentenced to pay Rs.1,07,000 as Diyat money to the heirs of the deceased and to suffer five years' R.I.---Subsequently remaining imprisonment of the accused was remitted and he was ordered to be lodged in the civil prison till the payment of the Diyat money --- Application moved by the accused before the Sessions Court for permission to deposit the amount of Diyat in easy instalments had been dismissed on the ground that since he was tried by a Court Martial, Sessions Court had no jurisdiction--­ Held, the aforesaid application of the accused before the Sessions Court was not barred as the same had not been moved by him against the decision of the Court Martial convicting and sentencing him, rather he had prayed for the implementation of the said decision --- Even otherwise the accused having been dismissed from service and having been remitted to civil prison and the Court Martial convicting him having been dissolved, he was not governed by the Pakistan Army Act and was subject to ordinary laws of the land-- Sessions Court, therefore, had jurisdiction to pass appropriate order on the aforementioned application of the 'accused --- Impugned order of the Sessions Court was illegal and without lawful authority and was consequently set aside --- Constitutional petition was allowed accordingly. JUDGMENT By this judgment I propose to dispose of following two matters in which common question of law and fact are involved: (1) Writ Petition No.8262 of 1995: Muhammad Ashraf v. Home Secretary and 3 others. (2) Criminal Revision No.233 of 1995: Muhammad Ashraf v. The State 2. The relevant facts are that on 9-2-1993 Naik Muhammad Ashraf, petitioner herein, who was serving in the Pakistan Army was tried by Field General Court Martial under section 59 of the Pakistan Army Act for the murder of Sepoy Javed lqbal who was also serving in the Pakistan Army as a cook. He was found guilty and sentenced to pay Rs.1,07,000 as Diyat money to the legal heirs…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492