Law: Constitution of Pakistan, 1973

Section: 199(1)(b)(i),199

Law: Pakistan Army Act, 1952

Section: 59

(a) Constitution of Pakistan--- ----Art.199(1)(b)(i)---Habeas corpus, writ of---Precondition---While exercising jurisdiction in terms of Art.199(1)(b)(i) of the Constitution, High Court has to satisfy itself that a person who has been taken into custody by Law Enforcement Agencies was taken so with due process of law and custody of detenu is backed by some legal authority. Malik Ghulam Jilani v. (1) The Government of West Pakistan, through the Home Secretary, Lahore and (2) The Deputy Commissioner, Lahore PLD 1967 SC 373 and Mrs. Ifrah Murtaza and another v. Government of Pakistan and others PLD 2019 Lah. 565 rel. (b) Constitution of Pakistan--- ----Arts.9 199---Constitutional jurisdiction of High Court---Scope---High Court, being custodian of Fundamental Rights of citizens was bound to examine question relating to curtailment of their liberty, with vigor and due care as right of liberty of a person is one of the valuable Fundamental Rights guaranteed under Art.9 of the Constitution. (c) Pakistan Army Act (XXXIX of 1952)--- ----S. 59---Civil offences---Procedure---All civil offences committed by persons subject to Pakistan Army Act, 1952, are brought within the purview of Pakistan Army Act, 1952 but offences do no lose their character as being civil offences---Persons subject to Pakistan Army Act, 1952, who have committed any such civil offence and are charged therewith only ‘liable to be dealt with under Pakistan Army Act, 1952’. (d) Pakistan Army Act (XXXIX of 1952)--- ----S. 2(d)---Pakistan Army Act Rules, 1954, Rr.13, 15 19---Terms “accused” and “complaint”---Distinction---Accusation is a stronger phrase than mere complaint---Though both words carry meaning of a charge yet in case of complaint it relates to a stage when charge is still to mature into an accusation---Such minute and trivial distinction can be spelled out from combined reading of Rr. 13, 15 19 of Pakistan Army Act Rules, 1954. (e) Pakistan Army Act (XXXIX of 1952)--- ----Ss. 59 73---Official Secrets Act (XIX of 1923), Ss. 2(1)(d), 2(8), 11 12---Criminal Procedure Code (V of 1898), S. 549---Constitution of Pakistan, Art. 199---Constitutional petition---Maintainability---Habeas Corpus, writ…

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