Law:

Section:

Pakistan Army Act (XXXI of 1952)-------S. 59(2)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner being army personnel was tried for Qatl-i-Amd and sentenced to death by General Field Court Martial constituted under Pakistan Army Act, 1952---Petitioner's appeal as also his mercy petitions were also dismissed---Validity of trial and sentence were challenged on ground that petitioner could not be subjected to trial by General Field Court Martial on account of S.59, Army Act for persons allegedly murdered by him were not army personnel and offence was not committed by him while he was on active service---Petitioner being member of Armed Forces of Pakistan, his trial under Pakistan Army Act, 1952 was conducted on that account---Article 199(5) of the Constitution indicates that expression "person" has been defined to include any body politic or corporate, any authority of or under control of Federal Government or Provincial Government and any Court or Tribunal-­Expression "Court" or "Tribunal", however, did not include Supreme Court. High Court or Tribunal established under law relating to Armed Forces of Pakistan---Army Tribunal which tried accused and found him guilty, was established under Pakistan Army Act, 1952 and same related to Armed Forces of Pakistan---Constitutional petition, thus, had been filed not only in relation to person who was member of Armed Forces of Pakistan, but matter in respect of which petition had been filed had arisen in relation to action taken against accused as member of Armed Forces of Pakistan and person subject to law relating to Armed Forces of Pakistan---General Field Court Martial, which tried petitioner was also not amenable to Constitutional jurisdiction of High Court, being Tribunal relating to Armed Forces of Pakistan---Where cls. (3) & (5) of Art. 199 of the Constitution were attracted, ouster of jurisdiction was absolute and it was not conditional upon existence of any speciaa circumstances ---Constitutional petition was thus, not maintainable in circumstances. Khan Younus Khan v. The State 1996 MLD 414; Abdul Ghaffar v. Thte Federal Government and 2 others PLD 1996 Kar. 525; Muhammad…

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