Law: Pakistan Air Force Act, 1953

Section: 164

Law: Civil Procedure Code (V of 1908)

Section: 382B

Law: Pakistan Air Force Rules, 1957

Section: 99

(a) Pakistan Air Force Act (VI of 1953)--- ----S. 164---Pakistan Air Force Rules, 1957, R. 99---Criminal Procedure Code (V of 1898), S.382-B---Constitution of Pakistan, Art.199---Constitutional petition---Maintainability---Extension of benefit of S.382-B, Cr.P.C. to the accused belonging to armed forces---Scope---Equality of citizens---Contention of petitioner was that while awarding sentence benefit of S.382-B, Cr.P.C. was not extended to him which was against fundamental right---Validity---Courts-Martial had their own procedure of trial and provisions of Code of Criminal Procedure, 1898 were not applicable thereto---All the armed forces had their independent procedure and forum of investigation, inquiry, trial and appeals---Section 164 of Pakistan Air Force Act, 1953 was analogous to some extent to S.382-B, Cr.P.C.---Period of trial was to be computed towards served-out sentence---Court-Martial had powers to consider the period of confinement pending trial apart from other factors including general character, age, services, rank and any recognized act of gallantry or distinguished conduct of the accused while awarding the sentence---Court-Martial had powers to reduce the sentence proportionate to the period spent in confinement during trial---Section 164 of Pakistan Air Force Act, 1953 and R.99 of Pakistan Air Force Rules, 1957 were pari materia to S.382-B, Cr.P.C. with only distinction that in the former too Court-Martial had been empowered to itself consider the period of confinement during the trial and accordingly remit the sentence whereas in the latter jail authorities were required to compute the sentence while reckoning the period of detention during trial towards imprisonment---Section 164 of Pakistan Air Force Act, 1953 made it mandatory to reckon the period of detention during trial in computing the sentence of imprisonment---Action having been taken against the petitioner as member of Pakistan Air Force therefore, High Court could not interfere with any order passed against him by the hierarchy of Pakistan Air Force---High Court could not interfere with any such order by abridging rather transgressing the barring clause of Art.199 of the…

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