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Petitioner: MUHAMMAD AKRAM VS Respondent: FEDERATION OF PAKISTAN
1998 P L C (C
1998 P L C (C.S.) 917
[Supreme Court of Pakistan]
Present: Ajmal Mian, Saiduzzaman Siddiqui and Zia Mahmood Mirza, JJ
Col. (Retd.) MUHAMMAD AKRAM
versus
FEDERATION OF PAKISTAN through Secretary, Ministry of Defence and others
Civil Petition for Leave to Appeal No. 351 of 1995, decided on 6th October, 1996.
(On appeal from the judgment dated 18-5-f995 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, passed in Writ Petition No. 17 of 1994).
Pakistan Army Act (XXXI of 1952)---
----Ss. 7 & 8---Constitution of Pakistan (1973), Art. 185(3)---Principle of "pro bono publico,"----Applicability---Constitutional petition against trial by Field General Court Mania] ---Petitioner himself was neither convict nor closely related to any of the convicts but had filed Constitutional petition as "pro bono publico"---Effect---Petitioner had not been able to show any personal interest in the convict of the nature warranting filing of Constitutional petition---Constitutional petition could have been filed by convict or his close relative---Case in question involved trial and conviction of individual person, therefore, principle of "pro bono publico" could not be invoked in aid---Federal Government, , however, was empowered by notification to direct that any person or class of persons subject to Army Act, 1952, would, with reference to any area in which they might be serving or with reference to all or any of provisions of the Act or any other law for the time being in force, be deemed to be on active service, within meaning of the Act---Constitutional petition, apart from being not maintainable on technical ground, was also not competent on merits---Leave to appeal was refused in circumstances.
Petitioner in person.
Date of hearing: 6th October, 1996.
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 1 Act, notwithstanding the definition of the term "active service" given in, subsection (I) 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, 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 3-1-1975 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 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