| Case ID |
67c88c42-5641-4198-9bb9-e6160503382f |
| Body |
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| Case Number |
C.R.Ps. 87, 125 of 2015 |
| Decision Date |
Jan 23, 2017 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the Civil Review Petitions filed by the petitioners, affirming the original judgment delivered on 1st April 2015. The court held that the provisions of the Code of Criminal Procedure do not extend to cases governed by the Pakistan Army Act unless explicitly stated. The court emphasized that jurisdiction to grant pardons and remissions lies solely with the Federal Government or the Chief of Army Staff, and thus it cannot assume jurisdiction in such matters within its review authority. The claims for acquittal based on compromise with the legal heirs were deemed not applicable under the Army Act, leading to the dismissal of the petitions and the associated Civil Miscellaneous Application. |
| Summary |
This case revolves around the Civil Review Petitions filed by Ex-Lance Naik Mukarram Hussain and others against the judgment of the Lahore High Court which had dismissed their petitions questioning their convictions under the Pakistan Army Act. The petitioners argued for acquittal based on a compromise with the legal heirs of the deceased. However, the Supreme Court of Pakistan ruled that the Army Act's provisions take precedence and that the jurisdiction to grant pardons lies with the Federal Government or the Chief of Army Staff. The court reiterated that the Code of Criminal Procedure does not apply to matters governed by special laws like the Army Act unless explicitly stated. Therefore, the petitions were dismissed as meritless, reinforcing the legal framework surrounding military justice and jurisdiction. This case highlights the intersection of military law and civil rights, emphasizing the limited scope of review in cases involving military convictions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Ministry of Defence,
Chief of the Army Staff
|
| Judges |
AMIR HANI MUSLIM,
MUSHIR ALAM,
MAZHAR ALAM KHAN MIANKHEL
|
| Lawyers |
Learned ASC,
Learned DAG
|
| Petitioners |
Others,
EX-LANCE NAIK MUKARRAM HUSSAIN
|
| Respondents |
Others,
FEDERAL GOVERNMENT, M/O DEFENCE THROUGH CHIEF OF THE ARMY STAFF
|
| Citations |
2017 SLD 1385,
2017 SCMR 580
|
| Other Citations |
2013 PCr.LJ 1394,
2004 SCMR 1170,
1986 MLD 1767,
2014 SCMR 1530,
2013 SCMR 596
|
| Laws Involved |
Pakistan Army Act, 1952,
Code of Criminal Procedure
|
| Sections |
1(2),
5(2),
345(2),
143
|