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. 549---P; S. 549; Criminal Procedure Code (V of 1898); 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---Criminal Procedure Code (V of 1898), S.549---Pakistan Army Act (XXXIX of 1952), Ss. 94 & 95---Qatl-i-amd, fornication---Reappraisal of evidence---Delivery to military authorities of persons liable to be tried by Court-martial---Prosecution before Field General Court Martial---Scope---On the relevant day, the accused was serving as a lieutenant in the Army---Though the incident occurred in a civilian neighbourhood, accused was apprehended by the Military Police on the fateful day and a case for murderous assault was registered on the basis of information laid by victim's husband, himself a serving Major in the Army---Accused conspicuously figured as the prime suspect therein---Given his status as an army officer, apprehension, custody and prosecution of accused before a Field General Court Martial were steps taken within the remit of S. 549 of the Code of Criminal Procedure, 1898 (Cr.P.C.) which unambiguously authorized such a prosecution on the option of Commanding Officer, a choice that was in line with the concurrent jurisdiction of Court Martial and Criminal Courts on the discretion of "Prescribed Officer" as contemplated by Ss. 94 & 95 of the Pakistan Army Act, 1952 ('the Act') laying down the procedure in such an eventuality---Therefore, the argument that the accused was not liable to be treated as subject to the Act in view of the nature and venue of the crime was entirely beside the mark---Petition for leave to appeal was dismissed and leave was refused.

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