MUHAMMAD AKHTAR vs PRESIDENT, SUMMARY MILITARY
This petition under Article 199 of the Constitution of Islamic Republic of Pakistan (1973) challenges the conviction and sentence imposed upon the petitioner by a Summary Military Court arising from fraudulent entries in revenue records based on a fictitious civil court decree. The core legal question revolves around the legality and evidentiary basis of the petitioner's conviction by the Summary Military Court where the primary co-accused was subsequently acquitted by an anti-corruption court and the respondents failed to produce any judicial record or the impugned order of the military court. The Lahore High Court held that in the absence of any available record or supporting evidence from the respondents, the conviction and sentence could not be sustained. The court established the principle that where respondents fail to produce the record of conviction and the foundational order passed by a Summary Military Court, such conviction is without lawful authority and of no legal effect.
- Whether a conviction passed by a Summary Military Court can be sustained when the respondents fail to produce the record or the impugned order before the High Court?
- Does the acquittal of the principal co-accused by an anti-corruption court affect the validity of a conviction rendered by a Summary Military Court?
- Is a conviction lacking any supporting evidence or record liable to be declared without lawful authority under Article 199 of the Constitution of Islamic Republic of Pakistan (1973)?
- Article 199, Constitution of Islamic Republic of Pakistan (1973)
' MALIK MUHAMMAD QAYY UM, J.--- This petition under Article 199 of the Constitution of Islamic Republic of Pakistan (1973); calls in question the order passed by Summary Military Court .No,70, Lahore, whereby the petitioner was convicted and sentenced to one year's R.I., fine of rupees one lac and confiscation of his property. The petitioner at the relevant time was working as Girdawar Kanungo Halqa Niaz Beg in the year 1976-77. A case F.1.R. No,20/80, dated 22-4-1980, was registered at Police Station Anti-Corruption Establishment, Punjab, Chauburji, Lahore, at the instance of Muhammad Hussain Chaudhary, Assistant Commissioner, Sadar, Lahore. The petitioner alongwith some others were nominated as accused persons.
2. The precise allegation in the afore-noted F.I.R. Was that fraudulent entries had been made in Register RL-II by Manzar Abbas, Patwari, which was subsequently verified by the petitioner. This entry was made on the basis of a purported decree of the Civil Court which later on proved to be fictitious. The petitioner alongwith his co-accused were tried by the Summary Military Court and sentenced to various punishments. Manzar Abbas, Patwari, did not appear during the trial and therefore, was declared as absconder.
3. Learned counsel for the petitioner has contended that the conviction of the petitioner is not based on any evidence. It has been elaborated that Manzar Abbas, Patwari, who was alleged to be the real culprit was later on tried by the Senior Special Judge, Anti-Corruption, Punjab, Lahore, and was acquitted of the charge.
4. Learned Assistant Advocate-General submits that the record is It not available with the respondents. He is even not in possession of the lc order passed by the Summary Military Court No,70, Lahore.
5. In these circumstances, we are left with no option, but to hold ID that the conviction and sentence of the petitioner was without lawful authority.
6. In view of what has been stated above, this petition is allowed and the conviction and sentence of the petitioner awarded by Summary Military Court No,70, Lahore, is declared to be without lawful authority and of no legal effect. No order as to costs.