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MAJ. GEN. (RTD). NASEERULLAH KHAN BABAR versus PRESIDENT, SUMMARY MILITARY COURT, PESHAWAR


Martial Law Regulation 1977 No 13 No 18 (7) (B) and 13 Constitution of Pakistan (1973) Article 199 The accused was found guilty by Speaker of the Military Military Court on charges of inciting people to violence and creating instability among them. Had tried to Armed forces, through speech, accused the constitutional jurisdiction of the High Court that summary military court orders were illegal, with no legal rights and no legal authority record, showing that the speech was due to a politician. Is clearly propagating and there was nothing else. Political speech; just a claptrap that does not necessarily mean that violence was endorsed. The words of the speech will also bear the interpretation that non-violent resistance was being offered in the face of the accused and the speech could encourage the supporters of the accused to intensify their political activities.

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