| Case ID |
dee768ee-8bac-4b23-87b8-2a38752a2694 |
| Body |
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| Case Number |
D-2741 of 1976 |
| Decision Date |
Apr 14, 1976 |
| Hearing Date |
Apr 14, 1976 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming that the Special Military Court's conviction and sentence were valid despite the confirmation occurring after the revocation of Martial Law. The Court held that the Martial Law (Pending Proceedings) Order, 1972, was an existing law and covered the case against the appellant as pending. The Court ruled that the Special Military Court had fulfilled its duties by hearing evidence and issuing a judgment. The confirmation by the Governor was deemed effective, and the appeal was dismissed. |
| Summary |
This case revolves around the validity of a conviction passed by a Special Military Court during the Martial Law period in Pakistan. The appellant was convicted of rape and sentenced to ten years' imprisonment. The core issue was whether the confirmation of this conviction by the Governor after the revocation of Martial Law was valid. The Supreme Court analyzed the Martial Law (Pending Proceedings) Order, 1972, and the relevant articles of the 1972 Constitution, concluding that the orders and proceedings were valid and protected under existing laws. The decision emphasized the continuity of legal processes despite changes in the legal framework, affirming the importance of legal consistency in judicial proceedings. This case is significant for understanding the intersection of military law and civil rights in Pakistan, especially during periods of Martial Law. Keywords: 'Martial Law', 'Supreme Court Pakistan', 'Special Military Court', 'legal proceedings', 'constitutional law'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Special Military Court,
Governor of Punjab
|
| Judges |
SALAHUDDIN AHMED,
MUHAMMAD GUL,
MUHAMMAD AFZAL CHEEMA,
MUHAMMAD HALEEM
|
| Lawyers |
Sh. Masud Akhtar,
Riaz Ahmad
|
| Petitioners |
Sh. KARAMAT ALI
|
| Respondents |
THE STATE
|
| Citations |
1976 SLD 161,
1976 PLD 476
|
| Other Citations |
Ex-Captain Muhammad Akram Khan v. The Islamic Republic of Pakistan PLD 1969 SC 174,
State v. Zia-ur-Rahman PLD 1973 SC 49,
Asma Jilani v. Government of Punjab PLD 1972 SC 139,
Federation of Pakistan v. Saeed Ahmad PLD 1974 SC 151,
Mehreen Zaibun Nisa v. Land Commissioner PLD 1975 SC 397,
Muhammad Ayub Khuro v. Pakistan PLD 1960 SC 237
|
| Laws Involved |
Martial Law (Pending Proceedings) Order, 1972,
Constitution of Pakistan (1972)
|
| Sections |
3,
4,
280(1)(2)(3)(4)(8),
281
|