| Citation(s) |
|---|
| 1999 SLG 639 1999 SLD 639 1999 PLD 504 |
Supreme Court of Pakistan
Constitutional Petitions Nos.37, 38, 42 and 43 of 1998 andNo.4 of 1999 alongwith Civil Review Petitions Nos.l to 5 of1999, decision dated: 22-02-1999.
AJMAL MIAN, C.J., SAIDUZZAMAN SIDDIQUI, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, MAMOON KAZI ANDABDUR REHMAN KHAN, JJ
M. Akram Sheikh, Senior Advocate Supreme Court assisted by Ali Adnan, Advocate, Azid Nafeed, Advocate and M.A. Zaidi, Advocate-on-Record (in C.P. No. 37 of 1998).Dr. Abdul Basit, Advocate Supreme Court and Ejaz M. Khan, Advocate-on-Record Aitzaz Ahs
Constitutional Petitions Nos.37, 38, 42 and 43 of 1998 andNo.4 of 1999 alongwith Civil Review Petitions Nos.l to 5 of1999, decision dated: 22-02-1999.
AJMAL MIAN, C.J., SAIDUZZAMAN SIDDIQUI, IRSHAD HASAN KHAN, RAJA AFRASIAB KHAN, MAMOON KAZI ANDABDUR REHMAN KHAN, JJ
M. Akram Sheikh, Senior Advocate Supreme Court assisted by Ali Adnan, Advocate, Azid Nafeed, Advocate and M.A. Zaidi, Advocate-on-Record (in C.P. No. 37 of 1998).Dr. Abdul Basit, Advocate Supreme Court and Ejaz M. Khan, Advocate-on-Record Aitzaz Ahs
Sh. LIAQUAT HUSSAIN and othersvsFEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliamentary Affairs,
Law:
Section:
(a) Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance (XII of 1998)------S. 6 & Sched.---Anti-Terrorism Act (XXVII of 1997), Preamble--Constitution of Pakistan (1973), Art. 184(3)---Vires of Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998---Constitutional petition before Supreme Court under Art.184(3) of the Constitution--- -Provisions of Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998, in so far as these allow the establishment of Military Courts for trial of civilians charged with the offences mentioned in S.6 and Schedule to the said Ordinance, are unconstitutional, without lawful authority and of no legal effect---Cases wherein sentences have already been awarded but the same have not yet been executed, shall stand set aside and the cases stand transferred to the AntiTerrorist Courts already in existence or which may be created in terms of guidelines provided by the Supreme Court which may contribute towards the achievement of the objective---Evidence already recorded in such cases and the pending cases shall be read as evidence in the cases, provided that same shall not affect any of the powers of the Presiding Officers of Anti-Terrorist Courts in that regard as is available under the law---Sentences and punishments already awarded and executed in the cases will be treated as past and closed transactions and will not be affected by the decision of the Supreme Court. Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998 as amended uptodate, in so far as it allows the establishment of Military Courts for trial of civilians charged with the offences mentioned in section 6 and the Schedule to the said Ordinance, are declared unconstitutional, without lawful authority and of no legal effect and that the cases in which sentences have already been awarded but the same have not yet been executed shall stand set aside and the cases stand transferred to the Anti-Terrorist Courts already in existence or which may hereinafter be created in terms of the guidelines provided by Supreme Court for disposal in accordance with the law. The evidence already recorded in the said cases…
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