' MUSHTAK ALI KAZI, J.-These are 5 connected petitions under Article 199 of the Constitution challenging the conviction of 5 persons of Nawabshah District of offence under M. L. R. 33 and their sentences of 12 months imprisonment. Two of these convicts namely, Wahid Bux and Allah Warayo had been awarded sentences of 10 lashes also but this sentence of lashes was remitted by the counter-signing authority.
2. The convicts are mainly students of Sachal Sarmast College, Nawabshah, and the youngest of the convicts is said to be about 16 years of age. The charge against them is that on 15th October, 1978, at about 4 p. m. Near Almotal Hotel at Kazi Ahmad Town they were heard raising slogans of "release Bhutto" or words to that effect. The persons who heard the slogans happened to be three police officers. They were taken before the Military Court on 25th October, 1978 and were convicted as above, on 26th October, 1578.
3. It has been argued by Mr. Mir Muhammad Shaikh on behalf of the convicts that the Summary Military Court trying the convicts was not properly constituted ; that Maj. Tariq Mahmood who acted as President of this Court had not been duly notified under any Martial Law Order as President of that Court and the conviction by the Court is accordingly bad for want of proper jurisdiction. It has also been argued that there was no F.I.R. Registered by the police officers on 15th October, 1978 or thereafter showing the occurrence of such an incident. Lastly, it has been argued that saying 'release Bhutto' or words to that effect would not constitute any Martial Law offence even under Regulation 33.
4. Mr. Fazal-e-Hussain Mirza, Assistant Advocate-General appearing on behalf of the State, was asked to show whether Major Tariq Mahmood had duly been appointed as President of that Court under any Martial Law Order. Mr. Mirza has not been able to produce any such order or notification.
He also admits that there was no F. I. R. Nor had the case been registered by the police. He has not been able to point out if there was any chargesheet against these convicts sent up by the police in respect of any offence.
5. These petitions were admitted mainly on the ground that the words attributed to the convicts did not fall within the ambit of M. L. R.
33. We have asked the learned Assistant Advocate-General appearing on behalf of the State to show us the actual clause of Martial Law Administrator's M. L. R. 33 which could cover uttering of these words or words to that effect. He has only pointed out clause (e) and this clause is regarding making, printing, publishing or distributing any matter pertaining to furthering the cause of any political party, a politician or a candidate to elections etc. It has been pointed out by Mr. Mir Muhammad Shaikh that daily there appear number of appeals from different persons who are residing in Pakistan or abroad constituting demands for release of Mr. Bhutto. There are also appeals from certain persons that no mercy should be shown to Mr. Bhutto and things to that effect. If these were an offence under M. L. R. 33 they could all be sent up and tried in the Military Courts. The reading of the Regulation would show that it applies to political activities and furthering the cause of any political party as such. The Regulation, therefore, hardly covers the case of any appeal for release of any individual.
6. It would, therefore, appear that the convictions in all these eases were rather misconceived. It has also not been shown that the convicts had been provided the proper opportunity to defend themselves or to have the assistance of any legal adviser or next friend. They were brought on one day and given the charge-sheet and convicted the following day. The record shows that a joint plea was recorded of all the convicts though they afterwards denied the words attributed to them.
Thus neither any act constituting an offence under Regulation 33 has been established, nor has it been shown that proper procedure and rules Were observed while recording their convictions.
Under these circumStances the convictions appear to be without any legal force. They ar accordingly set aside and it is directed that the detenus, namely, Mehboob Ali Shah son of Kassim Shah, Pir Wahid Bux son of Pi Muhammad Alam Shah, Nabi Bux Naban son of Piral Khan Chandio, Mehram Ali son of Dhani Bux Khaskeli and Allah Warayo son o Muhammad Ibrahim Rahu may be set at liberty if not required in any other case.