Court Martial

Entitlement-Accused murdered his colleague and after Field General Court Martial, he was awarded death sentence but on compromise with legal heirs of deceased, death sentence was converted into imprisonment for life

Plea raised by accused was that due benefit of compromise was not given to him and he was not released and he was entitled to remissions

Validity

Any policy decision was aimed at maintaining discipline in force in a situation, where fight between two armed personnel resulted into one's death by using Danda that too in an isolated place

Accused did not challenge provisions of S.143 of Pakistan Army Act, 1952, being ultra vires of Art. 2-A of the Constitution and Injunctions of Islam, therefore, High Court declined to give any observation in such respect

Accused was entitled to remissions including those granted under Art. 45 of the Constitution by the President of Pakistan

High Court directed to extend to accused those remissions which had been made permissible under Jail Manual as well as Criminal Procedure Code, 1898, and also under Art. 45 of the Constitution

High Court directed the authorities to also extend benefit of S.382-B, Cr. P. C. to accused

Petition was allowed accordingly.