1988 PLP 377 (SCMR)
Maj.-Gen. (Retd.) TAJJAMAL HUSSAIN MALI K — Petitioner Versus PAKISTAN and others — Respondents
| Citation | 1988 PLP 377 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | Maj.-Gen. (Retd.) TAJJAMAL HUSSAIN MALI K — Petitioner Versus PAKISTAN and others — Respondents |
| Primary Law | Pakistan Army Act (XXXIX of 1952) |
Q1: What are the key laws and sections cited in 1988 PLP 377 (SCMR)?
This judgment primarily cites: Pakistan Army Act (XXXIX of 1952) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1988 PLP 377 (SCMR)?
The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain, Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1988 PLP 377 (SCMR) (Maj.-Gen. (Retd.) TAJJAMAL HUSSAIN MALI K — Petitioner Versus PAKISTAN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raza Kazim, Advocate Supreme Court and Sh.Masud Akhtar, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 15th December, 1987.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore, dated 28-10-1987 passed in Criminal Miscellaneous No.2179 of 1987 in Writ Petition No.3295 of 1986). --S.31(d)--Constitution of Pakistan (1973), Arts.199 & 185(3)--Mutiny -and insubordination--Punishment for--Remissions in sentence--Grant of--Conviction and sentence under S.31(d) of Pakistan Army Act, challenged in Constitutional Jurisdiction--Petitioner's miscellaneous application against refusal of relevant Authority to grant remissions of sentence to which he considered himself to be entitled under relevant Law and Rules, dismissed by High Court--Order impugned--Petitioners not being able to show any flaw in the impugned order which was based on sound reasoning, leave to appeal refused.
Judgment & Decree
ASLAM RIAZ HUSSAIN, J.--This petition by Maj.-Gen. (Rtd.) Tajjamal Hussain Malik is directed against the order of the High Court dated 28-10-1987 dismissing his miscellaneous petition in Writ Petition No.3295 of 1986 filed by him.
2. The facts, in brief, are that the petitioner was sentenced to suffer 14 years' R.I. under section 31 (d) of Pakistan Army Act. He filed a Constitution Petition (No.3295/86) to challenge his conviction and sentence. He also filed a miscellaneous petition against refusal of the relevant authority to grant him remissions of sentence to which he considers himself to be entitled under the relevant law and rules. This application was dismissed by a Division Bench of the Lahore High Court vide the impugned order. Feeling aggrieved he has filed the present 'petition for leave to appeal.
3. We have heard the learned counsel for the petitioner at considerable length and perused the relevant provisions of law.
4. Learned counsel has not been able to show any flaw in the impugned order, which, we find is based on sound reasoning. We 'A therefore find no merit in the petition. Leave is consequently refused. M.I. /T-17/S Petition dismissed