| Case ID |
14d6a41f-cd4c-46d4-a8d6-c9f1a5c20aa8 |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 1191 of 2016 & Const. P. No. 18 of 2000 |
| Decision Date |
Sep 12, 2023 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeals of Ex. Col. Muhammad Azad Minhas and Inayatullah Khan, affirming their convictions and sentences imposed by the Field General Court Martial. The Court found that the proceedings were conducted in accordance with the law and that the petitioners were rightly tried under the Pakistan Army Act, 1952. The Court emphasized the principle of double jeopardy, stating that the petitioners' claims of being tried for the same offense were unfounded. The Court also addressed the issue of laches, highlighting that significant delays in filing the petitions undermined their claims. The dismissal of their service and associated benefits was upheld, as those were contingent upon maintaining good standing in the military. Thus, the Court concluded that the petitioners' constitutional petitions were not maintainable and dismissed them accordingly. |
| Summary |
In the case of Ex. Col. Muhammad Azad Minhas and Inayatullah Khan, the Supreme Court of Pakistan dealt with significant legal issues surrounding military law and constitutional rights. The petitioners, both former military officers, challenged their convictions by the Field General Court Martial for conspiring to wage war against Pakistan. The Court examined the applicability of the Pakistan Army Act, 1952, and the Criminal Procedure Code, emphasizing the lawful conduct of military trials. Key legal concepts, including double jeopardy and the principle of laches, were central to the Court's ruling, which ultimately reaffirmed the authority of military courts and the importance of discipline within the armed forces. The decision highlighted the balance between individual rights and military obligations, providing a critical perspective on the enforcement of military law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Umar Ata Bandial,
Munib Akhtar,
Sayyed Mazahar Ali Akbar Naqvi
|
| Lawyers |
Mr. Sajid Ilyas Bhatti,
Barrister Hassan Adeel,
Major Haider Sultan,
Major Zeeshan Zaman
|
| Petitioners |
Ex. Col. MUHAMMAD AZAD MINHAS,
Inayatullah Khan
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary Ministry of Defence
|
| Citations |
2024 SLD 4619,
2024 PLJ 1
|
| Other Citations |
2015 SCMR 1071,
2021 SCMR 1176,
2017 SCMR 1249,
2005 SCMR 126
|
| Laws Involved |
Pakistan Army Act, 1952,
Criminal Procedure Code (V of 1898),
Constitution of Pakistan, 1973
|
| Sections |
8(3),
31(d),
55,
59,
2(1)(d)(iii),
549,
403,
199(3),
8(3)(a),
25,
184(3),
13(a),
10-A
|