| Citation(s) |
|---|
| 1998 SLG 1424 1998 SLD 1424 1998 CLC 1359 |
Sindh High Court
Constitutional Petitions Nos.D-49 of 1987, D-137, D-142 of 1988, D-61 of 1990, D-96, D-120 of 1992 and D-535 of 1994, decision dated: 4-12-1997
RASHEED AHMED RAZVI AND SABIHBUDDIN AHMAD, JJ
Allah Bachayo Soomro, Abdullah Khatri, Anwar Zaheer Jamali, Muhammad Yousuf Leghari, Nishat Warsi, Rasool Bakhsh Unnar and S. Jehangier Shah for Petitioner. Abdul Sattar Kazi for Dy.A.G. and Bahadur Ali Baloch for A.G. Sindh for
Respondents. Abdul, Aziz S
Constitutional Petitions Nos.D-49 of 1987, D-137, D-142 of 1988, D-61 of 1990, D-96, D-120 of 1992 and D-535 of 1994, decision dated: 4-12-1997
RASHEED AHMED RAZVI AND SABIHBUDDIN AHMAD, JJ
Allah Bachayo Soomro, Abdullah Khatri, Anwar Zaheer Jamali, Muhammad Yousuf Leghari, Nishat Warsi, Rasool Bakhsh Unnar and S. Jehangier Shah for Petitioner. Abdul Sattar Kazi for Dy.A.G. and Bahadur Ali Baloch for A.G. Sindh for
Respondents. Abdul, Aziz S
MUHAMMAD URIS
VS
GOVERNMENT OF SINDH through Secretary Revenue Department Board of Revenue, Hyderabad and 2 others
Law:
Section:
(a) Pakistan Army Act (XXXIX of 1952)-------S. 112---Pakistan Army Act Rules, 1954, Rr. 19, 21, 23, 47 & 48--Constitution of Pakistan (1973), Art. 199---Constitutional petition---Conviction of accused by Summary Military Court---Validity---Provisions of Pakistan Army Act, 1952 and Pakistan Army Act Rules, 1954, extend full opportunity of fair trial to accused person facing trial before Summary Military Court---Where there was neither sufficient evidence before Military Court nor Rules for conducting trial were followed by that Court and no proper opportunity to defend was extended to accused, such proceedings could not be deemed to be bona fide--Cases of prosecution against accused were not proved beyond reasonable doubt and despite several irregularities and violations of provisions of Pakistan Army Act, 1952 and Pakistan Army Act Rules, 1954, Presiding Officers of Summary Military Court proceeded to pass conviction/sentence---Record produced before High Court did not indicate that trial before Summary Military Court was conducted in such manner as prescribed by Pakistan Army Act, 1952 or Pakistan Army Act Rules, 1954---No proper opportunity to defend having been .extended to accused such proceedings could not be regarded to be bona fide---Proceedings against accused person before Summary Military Court being mala fide and without jurisdiction were declared to be of no legal effect. Jahandad and 6 others v. President's Special Military Court No.88, Sector I and 3 others PLD 1990 Pesh. 63; Federation of Pakistan v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; Gul Hasan Brohi v. Province of Sindh C.P. D-1207 of 1986; Rafi Ahmad v. Federation of Pakistan and 2 others C.P. D-523 of 1986; Mst. Saeedan Khatoon v. Government of Pakistan and 2 others C.P. D-222 of 1986; Sabur Rehman and another v. Government of Sindh and 3 others PLD 1996 SC 801; Mahmood Khan Achakzai and others v. Federation of Pakistan and othes PLD 1997 SC 426; Muhammad Gul Kakar v. Province of Balochistan PLJ 1979 Quetta 66; Abdul Karim v. Muhammad Ibrahim 1976 SCMR 79; Mahmood Ahmed (Muhammad Ahmed) v. Tribunal/S.D.M. City, Hyderabad PLD 1985 Kar. 187 and Majeeda Fatima v. District Magistrate…
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