Martial Law (Confirmation Of Sentences) Ordinance 1962

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MARTIAL LAW (CONFIRMATION OF SENTENCES) ORDINANCE, 1962.

[Approved by the National Assembly of Pakistan on the 7th December, 1962, see Gaz. of P., 1962, Ext., p. 1547a.]

ORDINANCE No. LXXII OF 1962

[31st July, 1962]

An Ordinance to make provision for the confirmation of sentences of death and transportation for life passed by Special Military Courts and pending for confirmation immediately before the commencing day, and for matters connected therewith.

WHEREAS it is necessary to make provision for the confirmati on of sentences of death and transportation for life passed by Special Military Courts and pending for confirmation imme diately before the commencing day, and for matters connected therewith;

AND WHEREAS the National Assembly is not in session, and the President is satisfied that 'circumstances exist which render immediate legislation necessary;

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 29 of the Constitution, and of all other powers enabling him in that behalf, the President is pleased to mike and promulgate the following Ordinance:-

1.Short title, extent and commencement.-(1) This Ordinance may be called the Martial Law (Confirmation of Sentences) Ordinance, 1962.

(2) It extends to the whole of Pakistan.

(3) It shall come into force at once, and shall be deemed to have taken effect on the commencing day.

2.Definitions. In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) "Commander-in-Chief" means the Commander-in -Chief, Pakistan Army;

(b) "commencing day" means the eighth day of June, 1962.

3.Confirmation of certain death sentences.-.(1) Where a case in which the sentence of death or transportation for life has been passed by a Special Military Court was pending for confirmation immediately before the commencing day, the proceeding relating thereto shall be sub mitted to the Commander-in-Chief, who may either confirm the sentence or make such order in respect thereof as he thinks fit.

(2) Every application for review made in any such case as aforesaid shall likewise be submitted to and disposed of by the Commander-in-Chief.

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