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MUHAMMAD ASHRAF versus THE STATE

Constitution Pakistan 1973 Sections 59 and 133 Constitution of Pakistan (1973), Article 199 Constitutional petition convicted by the court martial for murder of the deceased after payment of Rs 1,07,000 as dues to the accused's heirs The accused was sentenced and had to suffer for five years after which the accused was sentenced to the rest of the prison and ordered to be kept in civil jail till the accused paid the dues, while the money was collected. The sessions court presented the accused for permission to appear. The simplest cases were rejected on the basis that because they were tried by a court martial, the sessions court had no jurisdiction, because the sessions court had not banned the accused's plea. No action was taken against him. The court-martial decided to sentence and punish him, but he prayed for the execution of the verdict, otherwise Ain was dismissed and sent to civil jail and the court-martial While convicting him of dissolution, he was not ruled under the Pakistan Army Act and was subject to the general rules of the Land Sessions Court, therefore, had the jurisdiction to pass a proper order. The Sessions Court's impugned order on the said petition was illegal and without any legal authority and consequently a constitutional petition was allowed. registration advocate from Sanjwal lawyer