MUHAMMAD AKRAM Versus FEDERATION OF PAKISTAN
This petition for leave to appeal challenged a Lahore High Court judgment that dismissed writ petitions filed by convicts tried by a Field General Court Martial. The petitioner, acting pro bono publico, argued that the convicts were not on 'active service' under the Army Act, 1952, and thus the trial was illegal. The Supreme Court addressed two primary issues: the locus standi of a pro bono petitioner in a criminal conviction case and the interpretation of 'active service' under the Army Act, 1952. The Court held that the petitioner lacked standing under Article 199 of the Constitution, as the principle of pro bono publico cannot be invoked to challenge the individual conviction of another person where the petitioner has no personal interest. On merits, the Court affirmed that under Section 7(1) of the Army Act, 1952, the Federal Government possesses the authority to deem persons subject to the Act as being on 'active service' via notification, regardless of the general definition provided in Section 8. Consequently, the petition was dismissed.
- Can a person file a writ petition as pro bono publico to challenge the conviction of another individual?
- Does the Federal Government have the power to deem persons subject to the Army Act 1952 as being on active service via notification?
- Is a petitioner who lacks personal interest in a criminal conviction an 'aggrieved party' under Article 199 of the Constitution of the Islamic Republic of Pakistan 1973?
- Section 7(1), Army Act 1952
- Section 8(1), Army Act 1952
- Section 84, Army Act 1952
- Article 199, Constitution of the Islamic Republic of Pakistan 1973
ORDER
AJMAL MIAN, J.--- This is a petition for leave to appeal against the judgment dated 18-5-1995 passed by a learned Single Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, in Writ Petition No. 17 of 1994, filed by the present petitioner, and connected Writ Petitions Nos.482, 1032 and 1033 of 1994, filed by some convicts, under the Army Act, 1952, hereinafter referred to as the Act against the trial by the Field General Court Martial inter alia on the ground that the convicts could not have been deemed to be on active service for the purpose of Section 84 of the Act, as the offences allegedly committed were not relatable to their duties or the place of duties, dismissing the same. The petitioner has, therefore, filed the present petition for leave to appeal.
2. Admittedly, the petitioner is not a convict but he had filed the above writ petition as pro bono publico.
3. We had called the petitioner to show as to how he can be treated as an aggrieved party in terms of clause (1) of Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, hereinafter referred to as the Constitution. His reply was that since it is the right of every citizen to get justice according to law and as the trial of the convict in question by the Field General Court Martial was not warranted by law, the petitioner as pro bono publico is entitled to agitate the legality of the trial and the conviction, under Article 199 of the Constitution. We are unable to subscribe to the above contention of the petitioner as the convict or his close relation could have filed the above writ petition but the petitioner has not been able to show any personal interest in the convict of the nature warranting filing of the same. The case in hand involves trial and conviction of an individual person and hence the principle of pro bono publico cannot be invoked in aid.
4. Even on merits, we find that under subsection (1) of section 7 of the Act, notwithstanding the definition of the term "active service" given in subsection (1) of section 8, the Federal Government has been empowered by a notification to direct that any person or class of persons subject to the Act shall, E with reference to any area in which they may be serving or with reference to all or any of provisions of the Act or of any other law for the time being in force, be deemed to be on active service within the meaning of the Act. Admittedly, the notification under above subsection (1) of section 7 of the Act was issued on 3-I-1975 reproduced in the impugned judgment providing that the persons subject to the Act, shall, with reference to any area in or outside Pakistan in which they may be serving and with reference to all the provisions of the Act, and of any other law for the time being in force, be deemed to be on active 8 service within the meaning of the Act.
5. The petition has no merits even otherwise. Leave is refused.
A.A./M-132/S Leave refused.