P L D 2005 Azad J&K 14 (PLP)
MUHAMMAD SHABIR KHAN — Petitioner Versus OFFICER INCHARGE, F.I.U. OPS, GOJRA FORT and others — Non-Petitioners
| Citation | P L D 2005 Azad J&K 14 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD SHABIR KHAN — Petitioner Versus OFFICER INCHARGE, F.I.U. OPS, GOJRA FORT and others — Non-Petitioners |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in P L D 2005 Azad J&K 14 (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 2005 Azad J&K 14 (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 2005 Azad J&K 14 (PLP) (MUHAMMAD SHABIR KHAN — Petitioner Versus OFFICER INCHARGE, F.I.U. OPS, GOJRA FORT and others — Non-Petitioners). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushtaq Ahmed Janjuha for Petitioner.
Headnotes / Summary
S. 491
Alleged detenu had been tried under the Pakistan Army Act, 1952 and awarded a sentence of one year's imprisonment by Field General Court Martial which had also been duly confirmed by the concerned Brigadier
Petitioner's brother (Detenu), thus, was not in the illegal confinement of the respondents
Petition was dismissed in circumstances.
Judgment & Decree
This is a petition under section 491, Cr.P.C., wherein it was contended by the petitioner that Arshad Mehmood brother of the present petitioner was in the illegal confinement of non-petitioners. Upon which, process was issued by the Division Bench consisting of my learned brothers Mr. Justice Sardar Muhammad Nawaz Khan and Mr. Justice Ghulam Mustafa Mughal. Now, they have referred this case to me for reconstitution of larger Bench. Today, Lieutenant Colonel Iqbal Hashmi produced a commitment warrant before the Court and submitted that the said Arshad Mehmood was tried under the Pakistan Army Act and a sentence of one year imprisonment has been awarded to him, therefore, this petition may be dismissed.
2. After the perusal of commitment warrant, there is no need for reconstitution of any larger Bench, therefore, this case shall be heard by myself.
3. I have perused the commitment warrant, which contained, that Arshad Mehmood son of Muhammad Iqbal Khan attached with 4 Mountain Field Ambulance was tried under Pakistan Army Act, 1952. Field General Court Martial has awarded the sentence of one year imprisonment to him, which has also been duly confirmed by Brigadier Muhammad Saad Khattak, Commander 75 Brigade. Now, when Arshad Mehmood has been tried under the Pakistan Army Act and a sentence has been awarded to him, then it could not be said that he was in the illegal confinement of non-petitioners.
4. As the brother of the present petitioner was not in the illegal confinement of the non-petitioners, but he was tried and sentenced to imprisonment, therefore, no question arises of his illegal confinement. Thus, this writ petition stands dismissed. N.H.Q/36/AJ&K Petition dismissed. ***