| Case ID |
10049299-b7c5-4932-ad78-95f4f642cf43 |
| Body |
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| Case Number |
Civil Appeal No. 116 of 1973 |
| Decision Date |
Feb 17, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal filed by the Government of Pakistan against the judgment of the Lahore High Court which had set aside the convictions and sentences of the respondents. The Court determined that the prior sanction for prosecution under section 19 of the West Pakistan Rangers Ordinance was not required as the respondents were tried by a Commandant who had been invested with magisterial powers. Therefore, the appeal was accepted, and the Lahore High Court's judgment was overturned. |
| Summary |
In the case of Civil Appeal No. 116 of 1973, the Supreme Court of Pakistan addressed the issue of whether prior sanction was necessary for the prosecution of members of the West Pakistan Rangers under the West Pakistan Rangers Ordinance, 1959. The case involved respondents L/NK. Sardar Ali and Abdul Khaliq, who were accused of misconduct and were tried by a Commandant with magisterial powers. The Lahore High Court had previously ruled that the prosecution lacked the necessary sanction, but the Supreme Court found that such sanction was not required when the trial was conducted under the authority of the Commandant. The Court's decision emphasized the interpretation of section 19 of the Ordinance, clarifying the conditions under which prosecution could proceed without prior sanction. This case highlights important legal principles regarding military law and the safeguards for members of the Force, making it significant for understanding the interplay between military discipline and civilian judicial processes. Keywords include West Pakistan Rangers, military law, prosecution sanction, Supreme Court of Pakistan, and legal interpretation. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Pakistan,
West Pakistan Rangers
|
| Judges |
Aslam Riaz Hussain,
Shafiurrahman,
M. S. H. Qureshi
|
| Lawyers |
Shahudul Hag, Advocate Supreme Court,
M. A. Qadri Advocate-on-Record,
Ch. Muhammad Sarwar, Advocate Supreme Court,
M. A. Qureshi Advocate-on-Record
|
| Petitioners |
Pakistan through Secretary, Ministry of Defence
|
| Respondents |
Abdul Khaliq,
L/NK. Sardar Ali
|
| Citations |
1982 SLD 757,
1982 PLD 342
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Rangers Ordinance, 1959
|
| Sections |
14(1)(a),
19,
20
|