Thursday, March 16, 2017

Pakistan Supreme Court lacks authority to apply compromise provision to military court murder cases

The Supreme Court of Pakistan has held that it lacks authority to apply the provision of the Criminal Procedure Code (under which a capital case can be compromised to life imprisonment by arrangement with the victim's family) to convictions by courts-martial. The judgement in Hussain v. Federal Government, C.R.P. 87 & 125/2015 (Pak. Jan. 23, 2017) is available here. A news account can be found here. The decision stresses the court's limited role with respect to courts-martial.

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