Law: Pakistan Army Act, 1952

Section: 2,5,7

Law: Constitution of Pakistan, 1973

Section: 199(3)

Pakistan Army Act (XXXIX of 1952)--- ----Ss. 2, 5 & 7---Notificaiton No.120/19/78-Min, dated 12-8-1978--­Constitution of Pakistan (1973), Art.199(3)---Constitutional petition---Maintainability---National Logistic Cell controlled by Army Officers and persons acting therein being members of Armed Forces would be governed by provision of Pakistan Army Act, 1952---Civil offences committed by civilians having nexus with the Armed Forces were triable by the Military Courts---Jurisdiction of High Court in respect of such persons was barred under Art. 199(3) of Constitution of Pakistan (1973)---Constitutional petition was not maintainable being coram non judice. Force Commander, Airport Security Force. Karachi and others v. Haji Muhammad Rashid and another 1996 SCMR 1614; Dr. Aon Muhammad Khan v. Lt.-Gen. (Retd.) Saeed Qadir and others PLD 1987 SC 490; Brig. Com. Headquarters Field Command, NLC, Karachi v. The State 1996 MLD 469; Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Sh. Liaqat Hussain and others v. Federation of Pakistan and others PLD 1999 SC 504; Muhammad Mushtaq v. Federation of Pakistan 1994 SCMR 2286 and Federation of Pakistan and 2 other v. Khurshid Ahmed 1999 SCMR 664 ref. JUDGMENT MUHAMMAD ROSHAN ESSANI, J.---By this Constitutional petition, the petitioner Muhammad Aslam Arain has sought the following relief:-- (a) That this Honourable Court may be pleased to declare that the act of the respondent No.1 and his subordinate drivers of their trailer by removing the trailer and truck of the petitioner, without lodging F.I.R. at the police station of the local jurisdiction and subsequently detaining of the truck of the petitioner at their centre at Khairpur and demand of an amount of "Rs.1,00,000 from the petitioner for release of truck is illegal, void, without lawful authority, without jurisdiction, arbitrary, capricious, whimsical and in violation of law and Constitution as the respondent No.1 cannot take law into his own hands and become judge of his own cause. The act of the respondent No.1 is also malafideous and of ulterior motive so as to illegally save his subordinate drivers from legal punishment and…

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