| Case ID |
4640e154-555d-48b7-947a-d9a17b42e1d1 |
| Body |
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| Case Number |
Civil Appeal No. 114 and Civil Petition for Leave |
| Decision Date |
Jan 14, 1999 |
| Hearing Date |
Dec 22, 1998 |
| Decision |
In the case at hand, the Supreme Court of Pakistan ruled on the jurisdiction of the Field General Court Martial over civilian employees of the Pakistan Army. The Court determined that the respondent, a civilian employee of the Judge Advocate General's Office, was not subject to the Pakistan Army Act under the definitions provided within the law. The Court held that the notification declaring all personnel on active service did not apply to civilian employees unless they were already subject to the Act. Consequently, the convictions handed down by the Field General Court Martial were deemed invalid due to lack of jurisdiction. The appeal was dismissed as time-barred, and the civil petition was converted into an appeal and allowed, leading to the annulment of the earlier convictions. |
| Summary |
This case revolves around the interpretation of the Pakistan Army Act, 1952, particularly concerning the jurisdiction of the Field General Court Martial over civilian employees. The Supreme Court's decision clarifies that civilian employees cannot be subjected to military law unless they fall under specific categories outlined in the Act. The ruling emphasizes the importance of lawful authority in military trials and the conditions under which civilians might be considered subject to military jurisdiction. The case highlights significant legal principles regarding military law, civilian rights, and the procedural requirements for trials under the Pakistan Army Act. Key takeaways include the necessity for clear definitions within military law and the protection of civilian employees from military jurisdiction unless explicitly stated by law. This ruling serves as a precedent for future cases involving the intersection of civilian employment and military law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
Saiduzzaman Siddiqui,
Abdur Rehman Khan
|
| Lawyers |
Maulvi Anwarul Haq, Deputy Attorney-General,
Ch. Akhtar Ali, Advocate-on-Record for Appellants,
Abad-ur-Rehman Lodhi, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record for Respondent
|
| Petitioners |
FEDERATION OF PAKISTAN
|
| Respondents |
KHURSHID AHMED
|
| Citations |
1999 SLD 712,
1999 SCMR 664
|
| Other Citations |
Sajjad Haider v. Field General Court Martial 1988 SCMR 1035,
Abdul Ghani v. Ghulam Sarwar PLD 1977 SC 102,
O.K.A. Nair v. Union of India AIR 1976 SC 1179,
Gopal Upadhyaya v. Union of India AIR 1987 SC 413
|
| Laws Involved |
Pakistan Army Act, 1952,
Law Reforms Ordinance, 1972,
Limitation Act, 1908,
Constitution of Pakistan, 1973
|
| Sections |
2,
84,
84(6),
7,
8(1),
3,
5,
185(3)
|