Law: Constitution of Pakistan 1973

Section: 199

Law: Pakistan Air Force Act, 1953

Section: 59

(i) Constitution of Pakistan, 1973 Art. 199 Pakistan Army Act, 1952, S. 59-Constitutional Jurisdiction-Ouster clause when not to take effect-Ouster clause pertaining to jurisdiction of superior Courts would not take effect where an act or proceedings was without jurisdiction, coram-non-judice or malafide-Petitioner being Subject to Pakistan Army Act 1952, was lawfully tried by Field General Court Martial, Convening whereof was not stated to be suffering  from   any  invalidity-No   malafides   having  been   pleaded, &cucn to jurisdiction was not warranted.        [P. 1138] A iii Constitution of Pakistan 1973 Art. 199--Pakistan Army Act, 1952, S. 59--Conviction and sentence awarded to petitioner by Field General Court Martial, assailed--No malafide was alleged or proved-Record indicated that proceedings were conducted in a fair manner inasmuch as, petitioner was informed of the charge on which he was to be tried—petitioner had service of defence counsel who cross-examined material witnesses produced by prosecution and there was no complaint of any hindrance in exercise of such right by petitioner-Procedure adopted by Martial Law could and trial conducted by that Court against petitioner cannot be described as arbitrary, perverse or lacking in fairness in any manner so as to justify interference with same.                                                                            [P. 1139] B (iii) Constitution of Pakistan 1973 Art. 199-Pakitan Army Act, 1952, S. 59-Conviction and sentence recorded by Court Martial-Legality-Unless case against petitioner was based on no evidence or gross-mis-reading of evidence so as to render judgment or verdict in question to be perverse and consequently coram-…