P L D 2011 Lahore 502 (PLP)
SHAHID MAHMOOD — Petitioner Versus THE STATE and others — Respondents
| Citation | P L D 2011 Lahore 502 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | SHAHID MAHMOOD — Petitioner Versus THE STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2011 Lahore 502 (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2011 Lahore 502 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2011 Lahore 502 (PLP) (SHAHID MAHMOOD — Petitioner Versus THE STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Ghaneem Aabir Khan for Petitioner.
Headnotes / Summary
Ss. 382-B & 561-A
Pakistan Army Act (XXXI of 1952), Ss. 59 & 136
Official Secrets Act (VIII of 1923), S.3(a)
Benefit of S. 382-B, Cr.P.C., extension of
Accused had been convicted under S.59 of Pakistan Army Act, 1952, read with S.3(a) of Official Secrets Act, 1923, and sentenced to 4 years' R.I., but he was not given the benefit of S.382-B, Cr.P.C.
Judgment passed by Field Court Martial had not mentioned S.382-B, Cr.P.C. and as such it could not be said that benefit of the same had been denied to accused
Any person convicted and sentenced by Military Authorities was sent to civil prison to serve the sentence along with civil prisoners according to 5.136 of the Pakistan Army Act, 1952, and was governed by Jail Manual
L'6nial of the benefit of S.382-B, Cr.P.C. to accused was a glaring discrimination, which had been defined as "Zulm "
Said benefit could be allowed to the persons convicted under the Pakistan Army Act, 1952
Benefit of S.382-B, Cr.P.C. was granted to accused accordingly.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
The instant petition has been filed under section 561-A, Cr.P.C. with a prayer that the petitioner who joined the Military Engineering Service of Gujranwala Cantt. on 26-3-1999 as a labourer was charged under section 59 of the Pakistan Army Act and section 3 (a) of the Official Secrets Act, 1923. The petitioner was tried by the Field Court Martial and was convicted and sentenced to 4 years' R.I on 27-2-2008 but the benefit of section 382-B, Cr.P.C. was not extended to the petitioner.
2. In view of the above, the petitioner prays that this petition be accepted and benefit of section 382-B, Cr.P.C. be extended to the petitioner.
3. Case was repeatedly called. No one has entered appearance on behalf of State.
4. Arguments of learned counsel for parties heard. Record perused.
5. Record shows that the petitioner was arrested on 24-8-2006 under section 59 of Pakistan Army Act read with section 3(a) of the Official Secrets Act, 1923 and he was convicted and sentenced to 4 years' R.I. on 27-2-2008 but benefit of section 382-B, Cr.P.C. has not been allowed perhaps due to inadvertent. Perusal of judgment passed by Field Court Martial highlights that there is no mention of section 382-B, Cr.P.C. in the judgment and as such it cannot be said that benefit of said section has been denied. Any person convicted and sentenced by the Military Authorities is sent to civil prison to serve the sentence. Section 136 of the Pakistan Army Act, 1952 provides that convicts under Army Act will serve their sentences along with civil prisoners in the civil jail and will be governed according to the provisions of Jail Manual. In the circumstances, not extending the benefit of section 382-B, Cr.P.C. is a glaring discrimination. The Hon'ble Federal Shariat Court has also defined it as "Zulm". Reliance is placed on PLD 2010 FSC 1, 2001 SCMR 1987. Therefore, benefit of section 382-B, Cr.P.C. could not be withheld and shall also be allowed to the petitioner convicted under the Army Act. Therefore, this petition is accepted. Benefit of section 382-B, Cr.P.C. is granted to the petitioner. N.H.Q./S-50/L Petition allowed.