Law:

Section:

Administration of Justice-- ----The general ouster of jurisdiction cannot be canvassed on the basis of an English case which has no binding authority on High Court. [P. 886] L Administration of Justice-- ----Joint trial, objection to--Joint trial of uniformed personnel with the civilians could not take place, was not, raised before trial authority; thus the argument lost its significance--In view of the bar of jurisdiction in terms of Art. 199(3) of the Constitution, it was not obligatory upon the Court to enter upon such controversy. [P. 887] M Administration of Justice-- ----Objection that copies of some documents were not supplied to the Appellants and that on account of joint trial, the confession made by one accused had been used against the other, was not raised during the trial, therefore, the same was not entertainable for want of jurisdiction of High Court. [P. 889] R Constitution of Pakistan, 1973-- ----Arts. 185 & 199(3)--Pakistan Army Act, 1952, Ss. 2(1)(d), 31(d), 58(4) & 59--Pakistan Air Force Act, Ss. 2(d) & 37(e), 71(3)--Pakistan Penal Code, (XLV of 1860), S. 131--Appellate jurisdiction--Appellants accepted the jurisdiction of the General Court Martial and a conviction awarded to them was not based on mala fide nor coram non judice or without jurisdiction--High Court had rightly declined to exercise jurisdiction under Art. 199(3) of the Constitution--Appeals dismissed. [P. 889] Q & S Constitution of Pakistan, 1973-- ----Art. 199(3)--Pakistan Air Force Act, S. 37(c)--Writ jurisdiction--Bar of--Contention--Trial is based on mala fide, without jurisdiction and coram non judice--Accused had been punished u/S. 37(C) of PAF Act, therefore, trial was mala fide on the part of the prosecution--High Court had jurisdiction to examine the merits of the case, was repelled--High Court observed that mala fide had not been pleaded either against the prosecution or the victims/complainants but against applying wrong provisions of law--No mala fide--Held: If there was a Constitutional bar upon the jurisdiction of High Court, then it becames its duty to first of all determine its jurisdiction then to proceed ahead--Further held: High Court had…

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