GUL MUHAMMAD KHAN vs FEDERATION OF PAKISTAN through Ministry of Interior Ss

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GUL MUHAMMAD KHAN VS FEDERATION OF PAKISTAN through Ministry of Interior Ss.59 & 135---Pakistan Army Act Rules, 1954, R. 53 (1)---Criminal Procedure Code (V of 1898), Ss. 1 & 382-B---Constitution of Pakistan, Art. 199---Constitutional petition---Civil offence---Commencement of sentence---Pre-sentence custody, benefit of---Special law---Scope---Accused persons were convicted in trials under Pakistan Army Act, 1952 and they sought benefit of S. 382-B, Cr.P.C. to include pre-sentence period of their custody---Validity---As Pakistan Army Act, 1952 is a special law, the trials conducted thereunder are not governed by provisions of Criminal Procedure Code, 1898---Sentence of imprisonment, in terms of S. 135 of Pakistan Army Act, 1952 commences from the date on which original proceedings are signed by military court---Provision of S. 1, Cr.P.C. restricts application of Criminal Procedure Code, 1898 to any local or special law, or any special jurisdiction or power conferred or any special form of procedure prescribe by any other law for the time being in force---Provision of S. 1, Cr.P.C. defines the scope and application of Criminal Procedure Code, 1898 to ordinary and general offences and trials, while it places all special laws and jurisdictions outside of its ambit---Military courts had granted benefit of the provision to the convicts---Provision of S. 135 of Pakistan Army Act, 1952 constitutes a special law, whereas S. 382-B, Cr.P.C. is a general law---Distinction for extending benefit of S. 382-B, Cr.P.C. in cases under Pakistan Army Act, 1952 is that in general law it is mandatory for Trial Court to take into consideration the pre-sentence custody period in the light of the principles laid down by Supreme Court in case titled Shah Hussain v. The State reported as PLD 2009 SC 460 and the effect thereof has to be taken into account at time of release of convict by the authority with whom he was undergoing the sentence whereas in the later (Pakistan Army Act, 1952), the Court at the time of sentencing the accused considers the period in which he remained in custody as under trial prisoner within the parameters of S. 382-B, Cr.P.C., and when he is convicted, the benefit of S. 382-B, Cr.P.C. is extended to him and included in his sentence at the time of conviction---High Court declined to interfere in the matter as Military Courts had granted benefit of S. 382-B, Cr.P.C. read with R. 53(1) of Pakistan Army Act Rules, 1954---Constitutional petition was dismissed in circumstances.

GUL MUHAMMAD KHAN vs FEDERATION OF PAKISTAN through Ministry of Interior Ss — 2025 PLD 212 PESHAWAR-HIGH-COURT

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