AKHTAR ASLAM Versus MUJAHIDA AFZAL

This petition under Article 199 of the Constitution of Islamic Republic of Pakistan calls in question the convictions and sentences passed by the Summary Military Court No.15, Bahawalpur, whereby petitioner No.l was awarded rigorous imprisonment for one year and a fine of Rs.1,50,000 while petitioner No.2 was sentenced to three months' R.I.

2. The brief facts are that the Deputy Martial Law Administrator, Bahawalpur, directed the Anti-Corruption Establishment, Bahawalpur, to register a case against the petitioners as well as respondent No.4 by order, dated 15-6-1981, on the allegations that he accepted bribe of Rs.9,000 from one Muhammad Ashiq, Proprietor, Riaz Medical Store, Bahawalpur. Consequently, a case was registered with the Anti-Corruption Department against the petitioners on 18-6-1981 vide F.I.R. No.l9 of 1981. They were tried by the Summary Military Court No.15, Bahawalpur, and were found guilty, whereupon they were convicted and sentenced with rigorous imprisonment and fine, as stated above. As, a result of their conviction, the petitioners were dismissed from service on 28-7-1981. The petitioner No.l filed a review petition before the Deputy Martial Law Administrator, Bahawalpur, which was partly accepted and the sentence was reduced to six months' rigorous imprisonment and the fine was reduced to Rs.50,000.

3. The petitioners have already served their sentences. However, after a lapse of nearly nine years, they have challenged the initiation of criminal proceedings as well as their conviction and sentence mainly on the ground that the competent authority namely the Director Excise and Taxation, Bahawalpur, did not accord sanction for prosecution of the petitioners and therefore, the impugned conviction is null and void. In support of his contention, learned counsel for the petitioner has placed reliance on Abdul Salam v. Summary Military Court P L D 1979 Lah. 178, Manzoor Ahmad v. President, Summary Military Court P L D 1979 Kar. 623, Muhammad Ismail v. Summary Military Court P L D 1980 Kar. 7, Muhammad Niaz v. Martial Law Administrator P L D 1979 Quetta 179 and Habibullah Khan Niazi v. Chief Martial Law Administrator of Pakistan P L D 1982 Quetta 11.

4. It is, however, not necessary to examine the respective contentions of learned counsel for the parties, in that, the controversy raised herein is hit by. the doctrine of past and closed transaction. The petitioners having been convicted in the years 1981 and already served the sentence. It is too late in the day to challenge it through this Constitutional petition which was filed in 1989. Even otherwise, the writ petition is hit by Article 270-A of the Constitution.

In view of the above, we find no force in this petition, which is dismissed with no order as to costs.

N.H.Q./M-1672/L Petition dismissed.