P L D 1980 Karachi 240 (PLP)
SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT,
| Citation | P L D 1980 Karachi 240 (PLP) |
| Forum / Court | Rr. 23, 24 & 113 read with r. 132-Detention-Failure to comply with rr. 23, 24 & 113, held, curable under r. 132 unless failure of justice or prejudice caused to detenus.-Preventive detention. |
| Bench Members | Z. A. Channa and Mushtak Ali Kazi, JJ |
| Parties | SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT, |
| Primary Law | (c) Martial Law Regulation, 1977 [C. M. L. A.'sl, (a) Pakistan Army Act Rules, 1954 |
Q1: What are the key laws and sections cited in P L D 1980 Karachi 240 (PLP)?
This judgment primarily cites: (c) Martial Law Regulation, 1977 [C. M. L. A.'sl, (a) Pakistan Army Act Rules, 1954 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1980 Karachi 240 (PLP)?
The case was heard and decided by the Rr. 23, 24 & 113 read with r. 132-Detention-Failure to comply with rr. 23, 24 & 113, held, curable under r. 132 unless failure of justice or prejudice caused to detenus.-Preventive detention. bench comprising: Z. A. Channa and Mushtak Ali Kazi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1980 Karachi 240 (PLP) (SALEH MUHAMMAD-Petitioner Versus PRESIDING OFFICER, SUMMARY MILITARY COURT,). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. S. Khattak for Petitioner.
- Mazharul Haq, Asstt. A.-G. for Respondents.
- Dates of hearing : 7th and 11th March, 1979.
Headnotes / Summary
Rr. 23, 24 & 113 read with r. 132-Detention-Failure to comply with rr. 23, 24 & 113, held, curable under r. 132 unless failure of justice or prejudice caused to detenus.-[Preventive detention]. (b) Martial Law Regulation, 1977 [C. M. L. A.'sl No. 13-Word `Murdabad'-A slogan-Slogan `Murdabad' having lost its sting and significance amounts to nothing more than disapproval or censure of person or authority against which raised-Such slogan, held, has no tendency to bring or attempt to bring into hatred or contempt or excite or attempt to excite disaffection towards object of slogans.-{Words and phrases]. No. 13-Detention-Conviction and trial of detenus by Military Court assailed on grounds:(i) Military Court did not follow procedure prescribed in Pakistan Army Act Rules; (ii) actions of detenus not amounting to bringing into hatred or contempt or exciting disaffection towards Armed Forces, (iii) slogan against Martial Law cannot be deemed to be a slogan against Armed Forces-Slogans raised by detenus, however, not found falling within mischief of Martial Law Regulation No. 13-Petititons allowed, in circumstances.--[Preventive detention]. Rustam Ali v. Martial Law Administrator, Zone 'C' and others P L D 1978 Kar. 736 ; Z. A. Sullehri v. The Crown P L D 1954 Sind 80 ; Hussain Bukhsh Kausar v. The State P L D 1958 Pesh. 15 ; Niharendu Dutt Majumdar v. Emperor A I R 1942 F C 22 ; Satyapal v. Emperor A I R 1930 Lah. 309 ; Des Raj v. Emperor A I R 1934 Lah. 254 and Province of East Pakistan v. Tofazzal Hosain Printer and another P L D 1965 S C 520 ref.