CH. MUHAMMAD TARIQ, J. ~ The instant petition has been filed under Section 561-A, Cr.P.C. With a prayer that the petitioner who joined the Military Engineering Service of Gujranwala Cantt. On 26.3.1999 as a labourer was charged under Section 59 of the Pakistan Army Act and Section 3(a) of the Official Secret Act, 1923. The petitioner was tried by the Field Court Martial and was convicted and sentenced to 4 years' R.I. On 27.2.2008 But the benefit of Section 382-B of Cr.P.C. Was not extended to the petitioner.
2. In view of the above, the petitioner prays that this petition be accepted and benefit of Section 382-B, Cr.P.C. Be extended to the petitioner.
3. Case was repeatedly called. No one has entered appearance on behalf of State.
4. Arguments of learned counsel for parties heard. Record perused.
5. Record shows that the petitioner was arrested on 24.8.2006 under Section 59 of Pakistan Army Act read with Section 3(a) of the Official Secret Act, 1923 and he was convicted and sentenced to 4 years' R.I. On 27.2.2008 but benefit of Section 382-B, Cr.P.C. Has not been allowed perhaps due to inadvertent. Perusal of judgment passed by Field Court Martial highlights that there is no. Mention of Section 382-B, Cr.P.C. In the judgment and as such it cannot be said that benefit of said section has been denied. Any person convicted and sentenced by the Military Authorities is sent to civil prison to serve the sentence. Section 136 of the Pakistan Army Act, 1952 provides that convicts under Army Act will serve their sentences alongwith civil prisoners in the civil jail and will be governed according to the provisions of Jail Manual. In the circumstances, not extending the benefit of Section 382-B, Cr.P.C. Is a glaring discrimination. The Hon'ble Federal Shariat Court has also defined it as "Zulm". Reliance is placed on P.L.D. 2010 FSC 1, 2001 S.C.M.R. 1987. Therefore, benefit of Section 382-B, Cr.P.C. Could not be withheld and shall also be allowed to the petitioner convicted under the Army Act. Therefore, this petition is accepted. Benefit of Section 382-B, Cr.P.C. Is granted to the petitioner.