| Case ID |
260c1a42-2457-49bd-9b7f-25a8cd676bfd |
| Body |
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| Case Number |
Criminal Review Petitions Nos. 1 and 2 of 1973 |
| Decision Date |
Oct 15, 1973 |
| Hearing Date |
Mar 27, 1973 |
| Decision |
The Supreme Court dismissed the review petitions filed by the petitioners, stating that the findings regarding the jurisdiction and malice of the Military Court proceedings were valid. The Court emphasized that no opinion was expressed on the actions taken by the Government against the publications edited by the petitioners. The petitioners' arguments were dismissed on the grounds that the counsel's failure to present full arguments was a misconception related to the Government's stance during the appeals. The Court ruled that it had adequately protected the petitioners' rights by dismissing the Government's appeals as infructuous, thus affirming the legality of the Military Court's actions. |
| Summary |
This case involves the Supreme Court of Pakistan's review of two petitions concerning the jurisdiction of Military Courts and the validity of their proceedings against the petitioners, who were accused of publishing allegedly offensive materials. The Supreme Court upheld the High Court's decision that the Military Court acted within its jurisdiction and that the appeals filed by the Government were dismissed as infructuous. The case highlights the principles of jurisdiction, malice, and the procedural rights of petitioners in military proceedings, emphasizing the importance of proper representation and the implications of governmental concessions during appeals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQOOB ALI,
WAHEEDUDDIN AHMAD,
SALAHUDDIN AHMED,
ANWARUL HAQ, JJ
|
| Lawyers |
M. Anwar, Senior Advocate Supreme Court,
M. A. Rahman, Advocate-on-Record for Petitioners
|
| Petitioners |
DR. IJAZ HASSAN QURESHI,
MOHAMMAD MUKHTAR RANA
|
| Respondents |
ANOTHER,
THE STATE,
2 OTHERS
|
| Citations |
1973 SLD 255,
1973 PLD 614
|
| Other Citations |
Not available
|
| Laws Involved |
Supreme Court Rules, 1956
|
| Sections |
O XXVI - Review
|