Law: Constitution of Pakistan, 1956

Section: 170

Law: Air Force Act (XIV of 1932)

Section: 37

(a) Constitution of Pakistan (1956), Art. 170 Certiorari -When issued Want of jurisdiction in inferior Court Error of law apparent on face of record. A writ of certiorari can be issued not only where there is excess, or want, of jurisdiction by the inferior Court, but also where that Court has committed an error of law which is apparent on the face of the record. R. v. Northumberland Compensation Appeal Tribunal Ex¬parte Shaw (1952) 1 All. E L R 122 ref. (b) Mulny Defined---"Collective insubordination of persons subject to military law to resist IaKful orders of superior officers of the armed forces." (c) Air Force Act (XIF of 1932), S. 35 Air Force Act (VI of 1953), S. 37 Mutiny "Living in" airmen's disobedience of superior officer's order to dine in Air Force mess Punishable---¬Order"lawful" as being not against any law though not passed under any specific law. The petitioners (living in airmen) disobeyed order of their superior officer to take their meals in the mess. The question was whether the order was lawful and whether by disobeying the order, the petitioners had rendered themselves liable to conviction under S. 35, Air Force Act (XIV of 1932) [=S. 37, Air Force Act (VI of 1953) ]. Held, that the word"lawful" must be construed as meaning an order which is not against any law and not necessarily an order which is passed under any specific law, or rule, on the subject. The petitioners were"living in" Airmen, and, therefore, had to take their meals in the officers' mess. A clear order was given to them to take their meals and for two continuous days they refused to obey that order. Refusal on their part to take their meals was not an individual but a collective act of insubordination, which rendered them liable to punishment under section 35 of tide Air Force Act of 1932. JUDGMENT MASUD AHMAD, J.-- These two petitions (Nos. 633 and 924 of 1958) arise out of certain incidents which took place in the beginning of February 1958, at the Pakistan Air Force Stations at Chaklala and Peshawar, and in which the petitioners and some other air craftmen of the Pakistan Air Force were involved. Most of the airmen of the Pakistan Air Force stationed at Chaklala, who…

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