SC upholds earlier verdict, dismisses review plea

Allows a sacked serviceman to enjoy pensionary benefits

ISLAMABAD: The top court has rejected the defence ministry’s review petition against its order to uphold the Lahore High Court (LHC) decision that said there could not be court martial of a military official over non-disclosure of his financial assets.

The Supreme Court’s three-judge bench, headed by Chief Justice (CJP) Mian Saqib Nisar and comprising Justice Ijazul Ahsan and Justice Umar Ata Bandial, resumed hearing of the ministry’s review petition regarding reinstatement of military official Colonel Munir Ahmad Gill.

In view of the SC’s verdict, Gill will be able to get pensionary benefits. During the hearing, Additional Attorney General Sajid Ilyas Bhatti appeared on behalf of the defence ministry and said if the order, it its remains in field will have severe repercussions.

However, the bench rejected the review petition, saying it was five-day time-barred.



Gill, an army officer, was tried by field general court martial (FGCM) on three charges relating to the money matters and one relating to the improperly filing of his tax return for 1996-97 by declaring his salary as his sole source of income, while he had income from other sources as well.

He was found guilty on these four charges on August 13, 1999. The competent authority did not confirm the finding on three charges and sent the matter to the then army chief, who maintained the order of his dismissal.

However, the LHC set aside the military court’s order against him. The high court’s verdict was later challenged in the apex court, which dismissed the petition. However, the Supreme Court admitted a review petition, which was also rejected on Friday.



Col (retd) Muhammad Akram appeared on behalf of the respondent.

Earlier, the Supreme Court former judge Sarmad Jalal Osmany, while writing the judgment in 2014 on the same issue, had observed that the army authorities did not have the jurisdiction to prosecute Gill on the charge of falsifying his tax return in particular circumstances of the case.

The court also noted that income tax return was accepted by the relevant authorities.

The Supreme Court had also maintained the LHC order that the respondent had reached the age of superannuation in the year 2001 and he would be deemed to honourably retire from the Pakistan Army as lieutenant colonel in all the consequent benefits, including pension.