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PHC Dismisses Pleas for Early Release of Military Court Convicts
Peshawar High Court dismisses petitions for early release of convicts sentenced by military courts, citing that the Army Act, being a special law, prevails over general provisions.
ND
by News Desk
2025-05-16
PHC Dismisses Pleas for Early Release of Military Court Convicts

The Peshawar High Court (PHC) has rejected the petitions seeking early release of convicts sentenced by military courts, ruling that they have already been given the benefit of Section 382-B of the Criminal Procedure Code.

In an 8-page verdict, the PHC maintained that the convicts were sentenced under the Pakistan Army Act, which is a special law and holds precedence over general laws like the CrPC.

🔍 Key Observations from the Verdict:

  • According to the Additional Attorney General, the benefit of Section 382-B, which allows adjustment of pre-sentencing jail time, has already been granted to the convicts.
  • The petitioners had argued that the convicts were still in jail despite completing their sentences.
  • The court clarified that under military law, a sentence starts from the day the proceedings are completed and signed, not from the day of arrest or detention.
  • The court emphasized that as the convicts were tried and sentenced under a special law (Army Act), its provisions take precedence over the general criminal law.
  • On these grounds, the court concluded that the applications are without merit and stand dismissed.

 

What is Section 382-B?

Section 382-B of the Code of Criminal Procedure allows courts to consider the period spent in jail before conviction as part of the total sentence, reducing post-conviction jail time.

 
Tagged:

PeshawarHighCourt

MilitaryCourts

ArmyAct

Section382B
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