Law: Pakistan Army Act, 1952

Section: 31(d), 2(1)(d), 59(4)

Law: Penal Code (XLV of 1860)

Section: 121, 131, 139

Law: Constitution of Pakistan, 1962

Section: 131(1)

Law: Constitution of Pakistan, 1973

Section: 25, 8(3), 232, 201

(a) Pakistan Army Act (XXXIX of 1952)  S. 31 (d) read with Ss. 2(1)(d), 59(4) and Penal Code (XLV of 1860), Ss. 121-A, 131 & 139-Seduction of Army Officers-Jurisdiction- Ex-Army Offcers -accused of seducing army officers from their duty or against Government of Pakistani-Became persons subject to Army Act under Ss. 2(l)(d) & 59(4) and offence fell within S. 31(d)- Offence barred by S. 139, P. P. C. for trial under Penal Code and tribal only under Army Act. A careful perusal of section 59(4) 'of Pakistan Army Act, 1952 will show that by reason of their being accused of seducing the Army Officers from- their duty or against Government of Pakistan the petitioners became subject to the Army Act and their aforesaid offence on that basis fell within section 31(d) of the Army Act which even section 139 of P. P. C. read with section 131 of the same Code could not be tried under that law i e. P. P. C. (but only under Army Act). The petitioners, according to section 2(l)(d) were subject to the Act who under section 59(4) could be tried for offence of seduction under section 31(d) and as such they were persons on whom the provisions of section 59(1) shall have effect accordingly. i.e. they shall be deemed for their civil offence of section 121-A, P. P. C. also to be guilty of an offence against the Act, which means that their trial for that offence under the Army Act was quite in order. He who "becomes" subject to the Army Act - (for instance subsequently)-no doubt is a person who is subject to this Act on whom also the provisions of this section i.e. section 59 shall have effect accordingly, which means, having become subject to this Act the necessary incidents of that legal fiction are to follow further and if he is guilty of any civil offence the same too can be tried under this Act under section 59 (1). Begum B. H. Sayed v. Afzal Jehan Begum and another P L D 1966 Lab. 967; Messrs Usmani Glass Sheet Factory Limited, Chittagong v. Sales Tax Officer P L D 1971 S C 205; Begum B. H. Sayed v. Mst. Afzal Jahan Begum and another P L D 1970 S C 29; Agha 'Shaukat Ali v. Settlement and Rehabi litation Commissioner, Lahore and another P L D 1965…