Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Air Force Act, 1953

Section: 162

Law: Pakistan Air Force Rules, 1957

Section: 73, 137

Tagline

Military Jurisprudence & State Security — The right of a Court Martial convict to obtain copies of trial proceedings under Rule 137 of the PAF Rules is qualified and can be lawfully withheld if the Chief of the Air Staff determines that such disclosure is prejudicial to the safety or security of the State.

 Summary

The petitioner, having been convicted by a Field General Court Martial (FGCM) under the Pakistan Air Force Act, filed a writ petition seeking a court direction to the respondents to provide complete copies of his trial proceedings, summary of evidence, and exhibits. The petitioner argued that under the statutory framework, specifically Rule 137 of the Pakistan Air Force Act Rules, 1957, an accused has an absolute right to copies of trial proceedings to effectively prepare, argue, and defend his appeal.

The respondents opposed the petition, stating that the petitioner was provided with a defending officer, all fair trial requirements were fully observed, and the petitioner's statutory appeal against his conviction had already been dismissed by the competent appellate forum. Furthermore, the respondents asserted that the requested documents could not be supplied due to national security concerns.