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ASMATULLAH versus COURT OF SUMMARY TRIAL


The Pakistan Penal Code Section 304 Frontier Corps Ordinance (XXVI of 1959), Section 8 (2) of the Constitution of Pakistan (1973), Article 199, allows the summary trial of the murder of a constitutional petition to be made only with a political officer force. Was. Since the political officer was not with this force, he was unable to stand trial against the accused in the meaning of section 8 (2) of the Frontier Corps Ordinance 1959 and the accused's conviction was passed by the summary court. Was. The trial had no jurisdiction, it was declared to have no legal effect and accordingly the constitutional petition was accepted.

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