Law: Official Secrets Act, 1923

Section: 2(1)(d)(ii)

Law: Pakistan Army Act, 1952

Section: 59(4)

Law: Constitution of Pakistan, 1973

Section: 199

Official Secrets Act (XXII of 1923)--- ----S. 2(1)(d)(ii)---Pakistan Army Act (XXXIX of 1952), S. 59(4)---Constitution of Pakistan, Art. 199---Constitutional petition---Field General Court Martial---Civil offence---Trial of civilian alleged that his brother was detained by military authorities and had assailed his Field General Court Martial---Validity---Detenue was charged for offences under Official Secrets Act, 1923---Any person who had committed offence under S.2(1)(d)(ii) of Official Secrets Act, 1923, would become subject of Pakistan Army Act, 1952---Provision of S.59(4) of Pakistan Army Act, 1952, was a deeming provision and it was non-obstinate clause having overriding effect over mechanism of trial provided under Official Secrets Act, 1923---Field General Court Martial was competent to try the detenue for the offence---High Court declined to interfere in the matter as the detenue would get an opportunity to defend himself through an advocate of his choice---Constitutional petition was dismissed, in circumstances. S.H.T. Leelan’s case 2004 SCMR 1761; Ghulam Abbas Niazi’s case PLD 2009 SC 866; Mushtaq Ahmad’s case PLD 2007 SC 405; Gul Akbar v. Chief Air Staff PLD 1968 Pesh. 114; Allah Rakha’s case PLD 1968 Lah. 1061; Asif Mehmood’s case PLD 2005 Lah. 721 and Mushtaq Ahmad v. Secretary Ministry of Defence PLD 2007 SC 405 rel. F.B.Ali’s case PLD 1975 SC 506 fol. JUDGMENT SYED ARSHAD ALI, JUSTICE:---.--- Dr. Ovais Khattak, through the instant constitutional petition, has invoked jurisdiction of this Court challenging the detention and trial of Muhammad Idrees Khattak his brother before Field General Court Martial for being illegal based on Malice and Qoram non Judice. 2. It is evident from record that Muhammad Idrees Khattak, hereinafter referred to as detenue is arrested by the respondents for allegedly being involved/committed offences under Official Secrets Act, 1923 (“The Act of 1923”). The detenue is facing trial before the field General Court Martial (“FGCM”) on the following charges:- a. “First Charge PAA Section:- Committing a civil offence, that is to say , for any purpose prejudicial to the safety or interests of the State, communicating to any…

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