FEDERATION OF PAKISTAN through Secretary Ministry of Defence vs EX-CORPORAL TECHNICIAN ABDUL QADEER art

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

FEDERATION OF PAKISTAN through Secretary Ministry of Defence VS EX-CORPORAL TECHNICIAN ABDUL QADEER art. 199---Law Reforms Ordinance (XII of 1972), S. 3(2)---Court martial proceedings---Non-provision of trial documents to accused---Right to fair trial---Intra-court appeal---Maintainability of constitutional petition, challenge to---Military matters---Scope---In essence, the respondent was an ex-airman of Pakistan air Force who was dismissed from service after Field General Court Martial proceedings on allegations of theft and was sentenced to five years' rigorous imprisonment---He alleged mala fide implication, denial of trial documents, and inability to file a proper appeal despite repeated requests---Consequently, a writ petition was filed by him and allowed, which was challenged by the authorities through the present intra-court appeal---Pivotal question requiring determination in the present appeal was “whether constitutional jurisdiction of the High Court could be invoked in military matters where denial of fair trial and mala fide conduct was alleged?”---Held: The petitioner claimed that he was denied the documents of the proceedings of the Field General Court Martial as well as the final judgment, which conduct of the appellants appeared to be prima facie mala fide---The judgment had to be provided to the accused to enable him to effectively defend himself---access to the complete record of the proceedings ensures that the accused becomes fully aware of the evidence, arguments and legal reasoning used against him---Without such information, the accused is placed at a serious disadvantage, as he is unable to challenge inconsistencies, procedural irregularities or misinterpretations of facts and law---Moreover, furnishing the accused with the documents pertaining to the trial proceedings and the final judgment is essential to uphold the right of defence and the concept of a fair trial, which is a constitutionally guaranteed right enshrined in art. 10-a of the Constitution---Present appeal was dismissed in limine.

FEDERATION OF PAKISTAN through Secretary Ministry of Defence vs EX-CORPORAL TECHNICIAN ABDUL QADEER art — 2026 PLC(CS) 840 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2026 PLC