1989 P Cr (PLP)

No. 29/30--Constitution of Pakistan (1973), Art.199--Hijacking of aircraft- Accused was afforded full opportunity to defend his case before Special Military Court--Accused cross-examined prosecution witnesses at length--Going through the deposition of witnesses was not possible--Evidence was present on record to justify conviction--Sentence was challenged by accused after more than five years--Trial and conviction of accused was found suffering from no illegality- Constitutional petition was dismissed in limine. A. Haleem Siddiqui for Petitioner. ABDUL RAHIM KAZI, J.--By this petition the petitioner has challenged the conviction of his son Saifullah Khalil who was arrested on 19-4-1981 in F.I.R. No. 11/81, dated 13-3-1981 filed by Station Manager, P.IA. Airport, Karachi in respect of the hijacking of Flight No. PK-326 on 2-3-1981 and was tried by Special Military Court No. 2, Karachi, presided over by Lt.-Col. Muhammad Rafique and Major Mouladad and A.C.M. Muhammad Ahmed as member and convicted alongwith other co-accused on 22-9-1983 under MLR 29 alternatively under MLR 30 to suffer R.I. for life and further to pay fine of Rs. 30 lacs recoverable as arrears of land revenue and also to suffer 12 lashes. Learned counsel for the petitioner has argued that the trial of the said convict was without jurisdiction and in excess of jurisdiction and there was no legal evidence or basis to prove the complicity of the convict with the hijacking of the plane. He further argued that he was arrested after the incident of hijacking had taken place and that no fair and impartial trial was given to the convict. He has argued that there was no reason or justification for their arrest, detention trial and conviction. The petitioner had also filed the proceedings before the Special Military Court and depositions of the witnesses which show that the said convict was afforded all the opportunities to defend his case and that the prosecution witnesses were cross-examined at length by the present convict as well as other co-accused. In fact the cross-examination was given in the form of questions and answers. This hardly leaves any reason to believe that the due opportunity to defend was not given to the convict. Learned counsel wanted to take us through the depositions of the witnesses but we are afraid that we cannot go into the same. However, it appears that there is evidence against the said convict on the basis of which he had been convicted. Moreover the sentence was awarded on 23-9-1983 and this petition has been filed challenging the said sentence more than 5 years thereafter. For the above reasons we do not find any illegality with regard to the trial and conviction as alleged and the petition is dismissed in limine. Above are the reasons for the short order passed by us earlier today. N.H.Q./M-776/K Petition dismissed.