Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 5 & 199---Loyalty to State and obedience to Constitution and law---Person committing any offence against State not protected by fundamental rights---First duty of the citizen of the country is loyalty to State and if a person commits any offence against the State, then he is not entitled to the protection of Fundamental Rights and is liable to be prosecuted and dealt with in accordance with law enforced for the purpose. (b) Pakistan Army Act (XXXI of 1952)--- ----Ss. 2(1)(d)(i) & 73---Constitution of Pakistan (1973), Art. 5, 10(2) & 199---Constitutional petition---Arrest and detention of accused by Army Authorities---Validity---Accused had been taken into custody by the Army Authorities under S.2(1)(d)(i) of the Pakistan Army Act, 1952---Non-production of accused within 24 hours of his arrest before a Magistrate in accordance with the provisions of Art.10(2) of the Constitution for obtaining his remand was of no consequence---Arrest of accused under an oral order of C.O.A.S. was also permissible under the Pakistan Army Act though not preferable---Accused had been arrested under the Pakistan Army Act in due course of law---Matters relating to the members of the Army force were immune from scrutiny by High Court in view of sub-Art.(3) of Art. 199 of the Constitution, except where the is mala fide, without jurisdiction or corum non judice---Accused detenu although had not been an Army personnel, yet he had been arrested under the Army Act and his' case was covered with the bar as contained in Art. 199(3) of the Constitution---Constitutional petition was consequently not maintainable and the same was dismissed accordingly. Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Brig. (Red.) F.B. Ali and another v. The State PLD 1975 SC 506; Ex-Lt.-Col. Anwar Aziz v. Federation of Pakistan through Secretary Ministry of Defence, Rawalpindi and 2 others PLD 2001 SC 549; Mst. Naheed Maqsood v. Federation of Pakistan and 4 others 1997 CLC 13 and Muhammad Mushtaq v. Federation of Pakistan 1994 SCMR 2286 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199(3) &…

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