Professional Documents
Culture Documents
(Original Jurisdiction)
Present:
Mr. Justice Iftikhar Muhammad Chaudhry, CJ
Mr. Justice Gulzar Ahmed
Mr. Justice Sh. Azmat Saeed
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Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 2
JUDGMENT
inalienable right of all the citizens that they should be dealt with
every other person for the time being within Pakistan and in
excluding the time necessary for the journey from the place of
hand.
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Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 4
e) Any other relief this Hon. Court deems proper may also
be granted.”
namely Syed Abdus Saboor, Syed Abdul Basit and Syed Abdul
Court, who vide order dated 28.05.2010 set aside both the
the Lahore High Court, Rawalpindi Bench. All these Writ Petitions
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Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 6
Page 6 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 7
which shows that law has taken its course, no further action is
called for, for the time being. Therefore, petition stands
disposed off. Before parting, however, we appreciate the efforts
made by Raja Muhammad Irshad for providing assistance to
this Court as being a lawyer it is the part of his professional
commitment.”
Page 8 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 9
arranged, where the petitioner found that her sons were brutally
desired to meet her sons along with her counsel but it was not
passed by this Court the petitioner, her counsel and the relatives
Page 9 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 10
also admitted by the counsel for the petitioner their health and
follows: -
Page 10 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 11
Page 11 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 12
Page 12 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 13
FIRs registered against them, in which they were also tried and
MPO for 30 days and then under Section 11-EEE of the Anti
Terrorist Act for another 90 days and both these orders were
and the custody of the detainees was handed over to the Political
under the FCR and that the detainees were arrested and tried
under Sections 365, 400, 401 PPC, 11/40 FCR and under
Page 13 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 14
area and were arrested from Tribal Area and after due trial were
has come up before this Court successively and this Court has
others vs. Qaum Turi and others (1991 SCMR 2400), a learned
Page 14 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 15
follows: -
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Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 17
Page 17 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 18
follows: -
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Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 20
Pakistan etc. (PLD 1975 Supreme Court 66), which was heard by
jurisdiction of this Court and that of the High Court will not be
Page 21 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 22
iv) Where the offence has taken place outside the Tribal
Area;
the basis of mere word against word. In the order of this Court
Page 22 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 23
subjected to law and dealt with in accordance with the Army Act,
the Court has given its opinion that they are no longer in illegal
25. As noted above, the Army did not try the detainees
in terms of Section 2(1)(d) of the Army Act, 1952, for the reason
PAA Sec 2 (1)(d), i.e. seducing and espionage. Further, after the
Page 23 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 24
vires of the Actions (in Aid of Civil Power) Regulation, 2011, was
reserved.
development which has taken place that the Army has not tried
the detainees under the Army Act, the counsel for the petitioners
apparently did not choose to argue this point also and in our
health conditions fell sick and were shifted to the Lady Reading
duly informed and choice was give to them to have the post-
done or sign any document and that the allegation of poison and
Page 25 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 26
seven accused were tried u/s 302, 324, 436, 427, 440, 120-B
PPC, 4/5 ESA and 7 ATA, Police Station New Town, Rawalpindi,
young man of 24/25 years also came there. One Ashfaq, who
was on duty stopped the Carry Van but the driver of the Van
exploded himself inside the Van and due to such explosion the
324, 120-B, 337-F(v), 440, 427 PPC, 4/5 ESA and 7 ATA, Police
Page 26 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 27
Iftikhar Janjua Road and at that time a silver coloured car driven
resulted into complete destruction of the car and the death of its
driver. Due to the blast, the said security staff beside other
the said Khalid Mahmood Naik and the accused were alleged to
120-B PPC, 4/5 ESA and 7 ATA, Police Station New Town,
mentioned place and made raid upon which 6 persons behind the
from Syed Abdul Majid, Syed Abdus Saboor and Syed Abdul
Page 27 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 28
Agent, Lower Orakzai Agency, the facts of the matter are that 7
result injured. They were arrested on the same day from the
arrested from there. While case under which the detainees have
Areas. These facts amply show that the detainees were tried in
places and they were also arrested from the respective places of
the Constitution.
Page 28 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 29
undergo 3 years SI. They were further convicted u/s 3-5 of the
Page 29 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 30
Cr.P.C with order that their sentences shall commence from the
22.03.2013.
Tribunal u/s 55-A of the FCR but the remaining 5 detainees have
action and subject matter of dispute is in the Tribal Area and the
there.
been convicted and awarded sentences for the crime they are
said to have committed in the Tribal Area and were arrested too
from the Tribal Area. To the extent of the decision made by the
Page 30 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 31
to deal with the said convicts as per the applicable law to the
Prisoners and to provide them safe and proper lodging in the jail
not possible in the Jail Hospital or in the Jail premises, they shall
ensure that these Prisoners are given proper care and treatment
their health and life which is their guaranteed right under the
Page 31 of 33
Const.P.No.1 of 2012 and Crl.O.Ps.No.8 & 12 of 2012.doc 32
CMA and further that the Court very sparingly and in extreme
dismissed.
person issuing the press release. The press release which is the
subject matter of this petition does not show that it has been
and also for the reason that the Court sparingly invokes its
Chief Justice
Judge
Islamabad
03.12.2013 Judge
NOT APPROVED FOR REPORTING
*Rabbani*
Judge
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