1999SCMR569 (PLP)
Sh. LIAQUAT HUSSAIN — Petitioner Versus FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliamentary Affairs, Islamabad — Respondent
| Citation | 1999SCMR569 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C. J., Saiduzzaman Siddiqui, Irshad Hasan Khan. Raja |
| Parties | Sh. LIAQUAT HUSSAIN — Petitioner Versus FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliamentary Affairs, Islamabad — Respondent |
| Primary Law | Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance (XII of 1998) |
Q1: What are the key laws and sections cited in 1999SCMR569 (PLP)?
This judgment primarily cites: Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance (XII of 1998) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR569 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C. J., Saiduzzaman Siddiqui, Irshad Hasan Khan. Raja.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR569 (PLP) (Sh. LIAQUAT HUSSAIN — Petitioner Versus FEDERATION OF PAKISTAN through Ministry of Law, Justice and Parliamentary Affairs, Islamabad — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Akram Sheikh, Senior Advocate Supreme Court assisted by Ali Adnan, Advocate, Azid Nafeed, Advocate and M.A. Zaidi, Advocate-on,Record for Petitioner (in C.P. No.37 of 1998).
- Dr. Abdul Basit, Advocate Supreme Court and Ejaz M, Kh Advocate-on-Record for Petitioner (in Constitutional Petition No.42 of 1998).
- Aitzaz Ahsan, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner (in Constitutional Petition No.4 of 1999),
- Ch. Muhammad Farooq, Attorney-General with Ch. Akhta. Ali, Advocate-on-Record assisted by Tanvir Bashir Ansari, Deputy Attorney General, Mushtaq Ali Tahirkheli, Advocate Supreme Court, A.K. Dogar, Advocate Supreme Court, Raja Muqsit Nawaz Khan, Advocate and NJ. lqbal Radd, A.-G., Sindh on Court Notice for Respondents (in Constitutional Petitions Nos.37, 38, 42, 43 of 1998 and 4 of 1999 and for Petitioners in Civil Review Petitions Nos. 1 to 5 of 1999).
- Dates of hearing: 1st to 5th, 8th to 12th and 15th to 17th February, 1999,
- (ix) That besides invoking aid of he Armed Forces in terms of sections 4 and 5 of the Anti-Terrorism Act, 1997, the assistance of the Armed Forces can be pressed into service by virtue of Article 245 of the Constitution at all stages including the security of the Presiding Officer, Advocates and Witnesses appearing in the cases, minus the process of judicial adjudication as to the guilt and quantum of sentence, till the execution of the sentence.
- After hearing the learned counsel for the petitioners, the petitioners in person, the learned Attorney-General for Pakistan and the learned Advocate General, Sindh, for the reasons to be recorded later, we are of the view that Ordinance No.XII of 1998 as amended uptodate in so far as it allows the establishment of Military Courts for. trial of civilians charged with the offences mentioned in section 6 and the Schedule to the above Ordinance are declared unconstitutional, without lawful authority and of no legal effect and At the cases in which sentences have already been awarded but the same have not yet been executed shall stand set aside and the cases stand transferred to the Anti Terrorist Courts already in existence or which may hereinafter be created in terms of the guidelines provided hereunder for disposal in accordance with the law. The evidence already recorded in the above cases and the pending cases shall be read as evidence in the cases provided that it shall not affect any of the powers of the Presiding Officer in this regard as is available under the lad , The above declaration will not affect the sentences and punishments already awarded and executed and the cases will be treated as past and closed transactions.
- (ix) That besides invoking aid of he Armed Forces in terms of sections 4 and 5 of the A.T.A., the assistance of the Armed Forces can be pressed into service by virtue of Article 245 of the Constitution at all stages including the security of the Presiding Officer, advocates and witnesses appearing in the cases, minus the process of judicial adjudication as to the guilt and quantum of sentence, till the execution of the sentence.
Headnotes / Summary
S.6 & Sched.
Anti-Terrorism Act (XXV11 of 1997), Preamble-- Constitution of Pakistan (1973), Art. 184(3)
Vires of Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998
Constitutional petition before Supreme Court under Art.184(3) of the Constitution
Provisions of Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998, in so far as these allow the establishment of Military Courts for trial of civilians charged with the offences mentioned in S.6 and Schedule to the said Ordinance, are unconstitutional, without lawful authority and of no legal effect
Cases wherein sentences have already been awarded but the same have not yet been executed, shall stand set aside and the cases stand transferred to the Anti- Terrorist Courts already in existence or which may be created in terms of guidelines provided by the Supreme Court which may contribute towards the achievement of the objective
Evidence already recorded in such cases and the pending cases shall be read as evidence in the cases, provided that same shall not affect any of the powers of the Presiding Officers of Anti-Terrorist Courts in that regard as is available under the law
Sentences and punishments already awarded and executed in the cases will be treated as past and closed transactions and will not be affected by the decision of the Supreme Court. Pakistan Armed Forces (Acting in Aid of the Civil Power) Ordinance, 1998 as amended uptodate, in so far as it allows the establishment of Military Courts for trial of civilians charged with the offences mentioned in section 6 and the Schedule to the said Ordinance, are declared unconstitutional, without lawful authority and of no legal effect and that the cases in which sentences have already been awarded but the same have not yet been executed shall stand set aside and the cases stand transferred to the Anti-Terrorist Courts already in existence or which may hereinafter be created in terms of the guidelines provided by Supreme Court for disposal in accordance with the law. The evidence already recorded in the said cases and the pending cases shall be read as evidence in the cases provided that it shall not affect any of the powers of the Presiding Officer in this regard as is available under the law. The above declaration- will not affect the sentences and punishments already awarded and executed and the cases will be treated as past and closed transactions. The following guidelines were provided by the Supreme Court in exercise of its constitutional jurisdiction under Art. 184 (3) of the Constitution to achieve the required objective: (i) Cases relating to terrorism be entrusted to the Special Courts already established or which may be established under the Anti-Terrorism Act, 1997 or under any law in terms of the judgment of Supreme Court in the case of Mehram Ali and others v. Federation of Pakistan (PLD 1998 SC 1445); (ii) One case be assigned at a time to a Special Court and till judgment is announced in such case, no other case be entrusted to it; (iii) The concerned Special Court should proceed with the case entrusted to it on day-to-day basis and pronounce judgment within a period of 7 days as already provided in Anti-Terrorism Act, 1997 or as may be provided in any other law; (iv) Challan of a case should be submitted to a Special Court after full preparation and after ensuring that all witnesses will be produced as and when required by the concerned Special Court; (v) An appeal arising out of an order/judgment of the Special Court shall be decided by the appellate forum within a period of 7 days from the filing of such appeal; (vi) Any lapse on the part of the investigating and prosecuting agencies shall entail immediate disciplinary action according to the law applicable; (vii) The Chief Justice of the High Court concerned shall nominate one or more Judges of the High Court for monitoring and ensuring that the cases/appeals are disposed of in terms of these guidelines; (viii) That the Chief Justice of Pakistan may nominate one or more Judges of the Supreme Court to monitor the implementation of the guidelines. The Judge or Judges so nominated will also ensure that if any petition for leave/or appeal with the leave is filed, the same is disposed of without any delay in the Supreme Court; (ix) That besides invoking aid of he Armed Forces in terms of sections 4 and 5 of the Anti-Terrorism Act, 1997, the assistance of the Armed Forces can be pressed into service by virtue of Article 245 of the Constitution at all stages including the security of the Presiding Officer, Advocates and Witnesses appearing in the cases, minus the process of judicial adjudication as to the guilt and quantum of sentence, till the execution of the sentence. Petitioner in person (in Constitutional Petition No.38 of 1998). Petitioner in person (in Constitutional Petition No.43 of 1998).
Judgment & Decree
(ix) That besides invoking aid of he Armed Forces in terms of sections 4 and 5 of the Anti-Terrorism Act, 1997, the assistance of the Armed Forces can be pressed into service by virtue of Article 245 of the Constitution at all stages including the security of the Presiding Officer, Advocates and Witnesses appearing in the cases, minus the process of judicial adjudication as to the guilt and quantum of sentence, till the execution of the sentence. M. Akram Sheikh, Senior Advocate Supreme Court assisted by Ali Adnan, Advocate, Azid Nafeed, Advocate and M.A. Zaidi, Advocate-on,Record for Petitioner (in C.P. No.37 of 1998). Petitioner in person (in Constitutional Petition No.38 of 1998). Dr. Abdul Basit, Advocate Supreme Court and Ejaz M, Kh Advocate-on-Record for Petitioner (in Constitutional Petition No.42 of 1998). Petitioner in person (in Constitutional Petition No.43 of 1998). Aitzaz Ahsan, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner (in Constitutional Petition No.4 of 1999), Ch. Muhammad Farooq, Attorney-General with Ch. Akhta. Ali, Advocate-on-Record assisted by Tanvir Bashir Ansari, Deputy Attorney General, Mushtaq Ali Tahirkheli, Advocate Supreme Court, A.K. Dogar, Advocate Supreme Court, Raja Muqsit Nawaz Khan, Advocate and NJ. lqbal Radd, A.-G., Sindh on Court Notice for Respondents (in Constitutional Petitions Nos.37, 38, 42, 43 of 1998 and 4 of 1999 and for Petitioners in Civil Review Petitions Nos. 1 to 5 of 1999). Dates of hearing: 1st to 5th, 8th to 12th and 15th to 17th February, 1999, After hearing the learned counsel for the petitioners, the petitioners in person, the learned Attorney-General for Pakistan and the learned Advocate General, Sindh, for the reasons to be recorded later, we are of the view that Ordinance No.XII of 1998 as amended uptodate in so far as it allows the establishment of Military Courts for. trial of civilians charged with the offences mentioned in section 6 and the Schedule to the above Ordinance are declared unconstitutional, without lawful authority and of no legal effect and At the cases in which sentences have already been awarded but the same have not yet been executed shall stand set aside and the cases stand transferred to the Anti Terrorist Courts already in existence or which may hereinafter be created in terms of the guidelines provided hereunder for disposal in accordance with the law. The evidence already recorded in the above cases and the pending cases shall be read as evidence in the cases provided that it shall not affect any of the powers of the Presiding Officer in this regard as is available under the lad , The above declaration will not affect the sentences and punishments already awarded and executed and the cases will be treated as past and closed transactions.
2. However, we are not oblivious of the fact that terrorism in Kara~% and in other parts of Pakistan has not only taken toll of thousands of innoce0 't lives but has also affected the economy of the entire country and it is a matter of paramount importance that this menace is eliminated effectively in the shortest possible time, for which a solution be found within the framework of the Constitution.
3. Since we are seized of these petitions in exercise of our Constitutional jurisdiction under Article 184(3) of the Constitution, we lay down the following guidelines which may contribute towards the achievement of the above objective:- (i) Cases relating to terrorism be entrusted to the Special Courts already established or which may be established under the Anti-Terrorism Act, 1997 (hereinafter referred to as A.T.A.) or under any law in terms of the judgment of this Court in the case of Mehram Ali and others v. Federation of Pakistan (PLD 1998 SC 1445); (ii) One case be assigned at a time to a Special Court and till judgment is announced in such case, no other case be entrusted to it; (iii) The concerned Special Court should proceed with the case entrusted to it on day to day basis and pronounce judgment within a period of 7 days as already provided in A.T.A. or as may be provided in any other law; (iv) Challan of a case should be submitted to a Special Court after full preparation and after ensuring that all witnesses will be produced as and e when required by the concerned Special Court; (v) An appeal arising out of an order/judgment of the Special Court shall be decided by the appellate forum within a period of 7 days from the filing of such appeal; (vi) Any lapse on the part of the investigating and prosecuting agencies shall entail immediate disciplinary action according to the law applicable; (vii) The Chief Justice of the High Court concerned shall nominate one or more Judges of the High Court for monitoring and ensuring that the cases/appeals are disposed of in terms of these guidelines; (viii) That the Chief Justice of Pakistan may nominate one or more Judges of the Supreme Court to monitor the implementation of the above guidelines. The Judge or Judges so nominated will also ensure that if any petition for leave/or appeal with the leave is filed, the same is disposed of without any delay in the Supreme Court; (ix) That besides invoking aid of he Armed Forces in terms of sections 4 and 5 of the A.T.A., the assistance of the Armed Forces can be pressed into service by virtue of Article 245 of the Constitution at all stages including the security of the Presiding Officer, advocates and witnesses appearing in the cases, minus the process of judicial adjudication as to the guilt and quantum of sentence, till the execution of the sentence. M. B. A./L-12/S Order accordingly.