PESHAWAR: The Peshawar High Court upheld the verdict on the petitions filed by the convicted accused in the Military Court in connection with the May 9th protest.
The court, in a detailed 8-page verdict, ruled that the accused were sentenced under a special law like the Army Act by the Constitution, which takes precedence over general laws. The petitioners had taken the position that despite completing the sentence, the accused have been kept in jail, which is tantamount to violating Articles 9, 13, 14 and 25 of the Constitution.
However, the Additional Attorney General took the position that the sentences of the accused are considered to have started from the day when the verdict is signed after the completion of the proceedings. According to the decision, the court accepted the point that the Army Act is a special law under which the application of general law, such as the Pakistan Penal Code or the Criminal Code, is limited to the sentences given.
The court clarified that, according to the records provided by the Additional Attorney General, the accused has already been given the benefit of Section 382-B of the Pakistan Penal Code (382-B), which includes the time spent in jail during the sentence. The court said in its decision that relief has already been given to the accused on all legal points, so no further concession is justified and dismissed all the applications.
Read also: PHC questions legality of letting MNAs lead district committees
