Intra Court Appeal format (Field General Court Martial)

 

Format of Intra Court Appeal 

In the name of ALLAH, the most beneficent, the most merciful

IN THE HONOURABLE LAHORE HIGH COURT , RAWALPINDI BENCH, RAWALPINDI.

         

ICA No. ________/2008

 

Zafran Khan son of Muhammad Zaman resident of House No. 1, Street No. 4, Mohallah Shah Chan Chiragh, Rawalpindi

 

                                                                                      …Appellant

                                        VERSUS

 

1.                 Home Secretary Punjab,

Home Affairs Division, Lahore

2.                 Superintendent Central Jail Adyala, Rawalpindi.

 

                                                                   …Respondents

 

INTRA COURT APPEAL U/S 3 OF THE LAW REFORMS ORDINANCE 1972 AGAINST IMPUGNED ORDER DATED 05-12-2008 PASSED BY HIS LORDSHIP MR. JUSTICE MUHAMMAD AHSAN BHOON J, WHEREBY HE DISPOSED OF THE WRIT PETITION NO. 2005/2008.

 

         

Respectfully Sheweth,

 

 BRIEF FACTS:

 

1.                 That on 16^th Oct, 2002 a Field General Court Martial was held at Pakistan Air Force Base, Chaklala, Rawalpindi and the appellant was convicted by this Field General Court-Martial for life imprisonment under section 37-E of the Pakistan Air Force ACT – 1953 on the charges being that endeavoring to seduce a person in the Pakistan Air Force from his duty to the Government.

2.                 That on 15^th Jan 2003, the petitioner was sent to Central Jail Adyala, Rawalpindi to suffer his life imprisonment. The appellant was accorded “B” Class facility on 15^th July 2003 under Air Force Order 111-48. The photocopy of the “B” Class accorded letter No. CB-1547/572-P-1 of the Pakistan Air Force Base Chaklala, Rawalpindi is enclosed as annex “C”.

 

3.                 That on 15^th July 2003, the appellant was placed in “B” Class. The appellant remained there in “B” Class for almost 6 years i.e. from 15^th July 2003 to 24-09-2008 which was accorded to him by the Pakistan Air Force under Pakistan Air Force Order 111-48. On 24-09-2008, the respondent No. 2 has shifted the appellant to “C” Class after an approval of respondent No. 1 vide his order No. SO(R&P)2-31/2008 dated 13-09-2008 and photocopy of the same is attached as annex “D”.

 

4.                 That the appellant has moved before this Honourable Court through writ petition No. 2005/2008 which was entrusted to his Lordship Mr. Justice Muhammad Ahsan Bhoon J. But the Honourable Single Judge with profound respect ignore the facts of the matter while passing the impugned order. Copy of the impugned order dated 05-12-2008 and writ petition No. 2005/2008 is annexed as annex “A & B”.

 

5.                 That the appellant being aggrieved of the order of the Honourable Single Bench moved this humble appeal before this Honourable Court inter-alia on the following grounds:

 GROUNDS

a.                 That the impugned order dated 05-12-2008 is unwarranted, unjustified and against the law and facts of the matter.

 

b.                That the respondents cannot withdraw the “B” Class facilities accorded to the appellant by the Pakistan Air Force under the Pakistan Air Force Order 111-48 but the Honourable Single Judge with profound respect has ignored this fact while passing order dated 05-12-2008 and directed the appellant to appear before respondent No. 1, which would not amount the provision of justice to the appellant.

 

c.                  That the expulsion of the appellant from the “B” Class after a period of almost 6 years is without any cogent reason, major jail offence or without any approval of the Pakistan Air Force is a crystal clear malafide on the part of the respondents.

 

d.                That the respondents have not accorded the “B” Class facility to the appellant nor they have the jurisdiction / power to modify the decision of the Honourable Courts.

 

e.                 That the Armed Forces at the time of handing over their convicted prisoners to the Civil Jail Authorities, classified them (A,B & C Class Facilities) under their own laws and the respondents have no jurisdiction to modify the classification as enumerated in the Pakistan Air Force Order 111(48).

 

f.                   That to the extent of the convicted prisoners of the Armed Forces personnel the facilities of “A, B and “C” classes as enumerated in order 111(48) is always maintained by the respondents.

 

It is therefore, most respectfully prayed that the instant appeal may graciously be accepted and the respondents may kindly be directed to keep boarded the appellant in “B” Class which has been accorded to the appellant by the Pakistan Air Force under the Pakistan Air Force Order 111-48 of 1971, in the interest of justice.

 

Any other relief, which this Honourable Court deems fit and proper may also be awarded to the petitioner.

 

                                                Petitioner

        Through:

 

(Sardar Zaheer Gujar)

Advocate High Court

CC No. 13212312

Certificate:-

1.           Certificate that this is the first ICA ever moved before this Honourable Court on the subject.

 

2.           It is further certified that as per instruction received no case on the subject matter is pending or decided by the August Supreme Court of Pakistan.

 

Counsel

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