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

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. 60(b) & 97---Constitution of Pakistan, Arts. 185(3) & 199---Finding/sentence recorded by Field General Court Martial---Judicial review---Scope---Settled parameters to examine the vires of a finding/sentence recorded by a Court Martial provided a limited space to examine hypothesis of any mala fide lurking behind the prosecution or any juridical flaw in holding of the Court Martial that may be viewed as coram non judice or without jurisdiction and in so doing a High Court should not attempt to search for a contra view of evidence, competently recorded during a Court Martial---Official acts protected by statutory presumption of being intra vires could not be readily branded as being actuated by considerations, tainted with mala fide---Exercise of jurisdiction by the functionaries of the State, vested in them by law, to accomplish a statutory purpose, deserved full faith and credit---Contra allegations must qualify falsification test on the strength of material capable of objective verification; and a bald accusation merited no consideration.

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