Ex-PA 43620 Lt. ASIM BASHIR vs FEDERATION OF PAKISTAN Ss — 2021 SCMR 1176 SUPREME-COURT

Case information

Citation: 2021 SCMR 1176 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Ex-PA 43620 Lt. ASIM BASHIR vs FEDERATION OF PAKISTAN Ss
Subject matter: Criminal
Provisions referred to: S. 93---Q; S. 93; Pakistan Army Act (XXXIX of 1952); Pakistan Army Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Ex-PA 43620 Lt. ASIM BASHIR VS FEDERATION OF PAKISTAN Ss. 302(b) & 496B---Pakistan Army Act (XXXIX of 1952), S. 93---Qatl-i-amd, fornication---Reappraisal of evidence---Field General Court Martial---Venue---Accused was presented before a Field General Court Martial convened at Cantonment of city "B" for his prosecution---Plea of accused that the Field General Court Martial was not convened at the proper venue as contemplated by S. 93 of the Pakistan Army Act, 1952 ('the Act') as the accused had since been transferred to another station and, thus, the entire exercise was a nullity in the eye of law---Held, that in view of the options available to the Army authorities under S. 93 of the Act to convene Field General Court Martial "in any place", no exception could be taken to the convenience of choice exercised by the authorities---Accused was not able to point out any prejudice suffered by him by his trial at city "B" where, according to the record, he was afforded sufficient and fullest opportunity to meet the witnesses half way without let or hindrance---Petition for leave to appeal was dismissed and leave was refused.

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