Law: Pakistan Army Act, 1952

Section: 2(d)(ii),59,131

Law: Official Secrets Act, 1923

Section: 13

Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44

Pakistan Army Act (XXXIX of 1952)---.---- ---.----Ss.2(d)(ii), 59 & 131---.---Official Secrets Act (XIX of 1923), S.13---.---Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S.44---.---Constitutional petition---.---Maintainability---.---Person subject to Pakistan Army Act, 1952---.---Remedy against finding and sentence of Court Martial---.---Questions before the High Court were that "whether the petitioner, being civilian, was subject to Pakistan Army Act, 1952", "whether the petitioner had been condemned unheard" and "whether a civilian could be tried only by Magistrate or Sessions Court under Official Secrets Act, 1923"---.---Under Pakistan Army Act, 1952, if a person who had committed any offence in relation to any work of defence arsenal, naval or military etc. under Official Secrets Act, 1923, was also subject of Pakistan Army Act, 1952---.---Word "any person not otherwise subject" as used in Pakistan Army Act, 1952, connoted "other than military men"---.---Under S. 59 of Pakistan Army Act, 1952, any person, who, being subject to Pakistan Army Act, 1952 committed any civil offence, would be deemed to be guilty of the offence under Pakistan Army Act, 1952---.---All official document carried presumption of correctness and the warrant of commitment was an official document and contents of the same could not be disbelieved in absence of any contradictory evidence in that regard---.---According to the warrant of commitment, the petitioner was attached with the Mujahid Battalion; thus, he was subject to Pakistan Army Act, 1952, and the punishment awarded to him by the Field General Court Martial could not be termed as without lawful authority---.---Petitioner's contention that he was not involved in the affairs of army was question of fact which could not be agreed upon in absence of any supportive documentary evidence, particularly from the concerned Battalion; therefore, on the face of the record, the Court had to believe the petitioner was attached with said Battalion---.---Under S. 59(4) of Pakistan Army Act, 1952, the words 'notwithstanding anything contained in this Act or any other law' had an overriding effect upon the other laws;…

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