Law:

Section:

2016 P Cr. L J 146 Pakistan Air Force Act (VI of 1953) --------- ----------Ss. 4(i)(a) & 72 --------- Penal Code (XLV of 1860), S. 302 --------- Constitution of Pakistan, Art. 199(3) --------- Constitutional petition --------- Armed forces, member of --------- "Active service" --------- Term "engaged in operations" --------- Son of petitioner was in service of Pakistan Air Force and was detained in FIR registered on the allegation of murder of his wife --------- Validity --------- Term "the force is engaged in operations" meant and included both the overt and covert operations against enemy --------- Person serving in force would equally be considered attached to or forming part of the Armed Forces which was either engaged in any open or secret operation against enemy --------- Whether there was any such operation going on at relevant time could not be gone into by High Court while exercising jurisdiction conferred under Art. 199 of the Constitution --------- Such was a question of factual nature that could only be attended to when required evidence was recorded and somehow, it did not infringe fundamental rights of petitioner in any way particularly in the context that accused was attached to and part of Pakistan Air Force was not denied at any stage --------- High Court under Art. 199(3) of the Constitution could not interfere in the matter of a person who was subject to Pakistan Military Laws being a member of Armed Forces --------- High Court declined to interfere in jurisdiction assumed by Pakistan Air Force --------- Petition was dismissed, in circumstances. Amanullah v. Station House Officer and others PLD 2012 Lah. 194 and Muhammad Mushtaq v. Federation of Pakistan 1994 SCMR 2286 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---------- The issue brought before us by petitioner through the captioned petitions is alleged detention of his son namely Shohaib Aslam by respondent No. 1 (Base Commander PAF Base Korangi, Karachi hereinafter as respondent) pursuant to an FIR bearing crime No. 164/2014 registered against him for the offence under section 302, P.P.C. at police station Ibrahim Hyderi, Karachi and his subsequent trial under…

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