1. ' ABDUL HAYEE KURESHI, C.
2. 3.-The present petition has been made by Syed Hashim Ali Shah for the following reliefs :- "In the circumstances, therefore, it is most humbly and respectfully prayed that this Hon'ble Court be pleased to treat the period of detention and may be counted towards the sentence of one year.
3. ' It is further prayed that the sentence of fine be set aside in view of the fact that no alternative sentence has been awarded in lieu of fine and the petitioner is not in a position to pay the same and any other order or orders which this learned Court deems fit and proper may be passed in the interest of justice, equity and good conscience.
4. ' An order for the production of the petitioner may also be passed for appearance before this Hon'ble Court and be treated in accordance with the provisions of law, the petitioner is presently confined in jail at Karachi."
5. ' We had issued notice to the Advocate-General to appear on the date of hearing to assist us. He has appeared and has opposed the admission of this petition.
6. ' The petitioner was arrested on a charge under section 420/468, P.P.C. Read with section 22 of the Emigration Ordinance and Martial Law Order II. He was sent to judicial lock-up on 30th April, 1980 and on trial by a Summary Military Court, convicted on 16th September, 1980, and sentenced to R. I.
7. For one year and a fine of Rs, 2,00,000. The warrant of commitment (Annexure 'A') has been placed before us, and such warrant of commitment does not on the face of it show that the period during which the petitioner was in custody as an undertrial prisoner had been considered. The petitioner, in such circumstances, and for the redress of the grievance, that his period of detention as an undertrial prisoner had not been considered in the award of sentence, made an application to the Deputy Martial Law Administrator. The request was that the substantive Jail sentence may be reduced to the extent of the period during which the petitioner had remained in Jail as an undertrial prisoner. The Deputy - Martial Law Administrator replied that such request shall be considered if the fine was paid.
8. ' The contention of Mr. Akhlaq Ahmad Siddiqi is that, by reason of section 382/B of the Code of Criminal Procedure, such period during which a person remains in custody as an undertrial prisoner should be reduced from the substantive period of imprisonment that was awarded. It is, per se, doubtful if the provisions of section 382/0 of the Criminal Procedure Code would be applicable to cases decided under the Army Act as distinct from cases decided under the Code of Criminal Procedure. The Army Act devises a separate and independent scheme in relation to trials for punishment of crimes and sentences. In our view, this provision is not attracted.
9. ' There is, however, still another reason which dissuades us from admitting this petition. As it is, in a sense the petitioner is seeking interference by this Court in the matter of sentence awarded to him by a Military Court. Article 199 of the Constitution was recently amended to provide that the High Court shall exercise no jurisdiction in regard t decisions, or, sentences imposed by a Military Court.
10. The relief that is being claimed is for reduction in the term of sentence imposed by the Military Court, and, by grant of such relief, we would only be interfering, or, granting relief in respect of a decision and sentence imposed b Military Court. This appears, to be clearly forbidden. A Full Bench of this Court in Constitutional Petition No, 942 of 1980 has also taken that view.
11. ' We see no substancein this petition, which is dismissed in limine. .