| Case ID |
d7fe81c6-da5d-45d7-b39a-ffa374e0e96d |
| Body |
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| Case Number |
D-49 of 1987 |
| Decision Date |
Dec 04, 1997 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the constitutional petitions filed by Muhammad Uris and others, declaring the proceedings before the Summary Military Courts to be mala fide and without jurisdiction. The court found that the petitioners were not afforded a fair trial as per the provisions of the Pakistan Army Act and Rules. The lack of evidence and procedural violations during the trials were highlighted, leading to the conclusion that the convictions were of no legal effect. The court emphasized that the rights of the petitioners were violated, and hence, their sentences were set aside. |
| Summary |
This case revolves around the constitutional petitions filed by Muhammad Uris and others against their convictions by Summary Military Courts. The petitioners contended that their trials were conducted without adherence to due process, resulting in convictions that lacked sufficient evidence. The Sindh High Court ruled in favor of the petitioners, emphasizing the importance of fair trial rights as guaranteed under the law. The judgment reiterated the necessity of proper legal procedures in military trials and acknowledged the adverse implications of the Summary Military Court's actions on the petitioners' lives. This case serves as a significant precedent in upholding the rule of law and ensuring that military proceedings conform to established legal standards. Keywords: constitutional petitions, fair trial, Pakistan Army Act, Summary Military Court, legal rights. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
RASHEED AHMED RAZVI,
SABIHBUDDIN AHMAD
|
| Lawyers |
Allah Bachayo Soomro,
Abdullah Khatri,
Anwar Zaheer Jamali,
Muhammad Yousuf Leghari,
Nishat Warsi,
Rasool Bakhsh Unnar,
S. Jehangier Shah,
Abdul Sattar Kazi,
Bahadur Ali Baloch,
Abdul Aziz Sheikh,
P.M. Amer
|
| Petitioners |
MUHAMMAD URIS
|
| Respondents |
Muhammad Yousuf Leghari,
GOVERNMENT OF SINDH through Secretary Revenue Department Board of Revenue, Hyderabad,
Allah Bachayo Soomro,
Abdullah Khatri,
Anwar Zaheer Jamali,
Nishat Warsi,
Rasool Bakhsh Unnar,
S. Jehangier Shah
|
| Citations |
1998 SLD 1424,
1998 CLC 1359
|
| Other Citations |
Jahandad and 6 others v. President's Special Military Court No.88, Sector I and 3 others PLD 1990 Pesh. 63,
Federation of Pakistan v. Malik Ghulam Mustafa Khar PLD 1989 SC 26,
Gul Hasan Brohi v. Province of Sindh C.P. D-1207 of 1986,
Rafi Ahmad v. Federation of Pakistan and 2 others C.P. D-523 of 1986,
Mst. Saeedan Khatoon v. Government of Pakistan and 2 others C.P. D-222 of 1986,
Sabur Rehman and another v. Government of Sindh and 3 others PLD 1996 SC 801,
Mahmood Khan Achakzai and others v. Federation of Pakistan and others PLD 1997 SC 426,
Muhammad Gul Kakar v. Province of Balochistan PLJ 1979 Quetta 66,
Abdul Karim v. Muhammad Ibrahim 1976 SCMR 79,
Mahmood Ahmad (Muhammad Ahmed) v. Tribunal/S.D.M. City, Hyderabad PLD 1985 Kar. 187,
Majeeda Fatima v. District Magistrate and Deputy Commissioner, District Central, Karachi and 3 others PLD 1990 Kar. 470
|
| Laws Involved |
Pakistan Army Act,
Pakistan Army Act Rules,
Constitution of Pakistan,
Qanun-e-Shahadat
|
| Sections |
112,
19,
21,
23,
47,
48,
199,
129
|