Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 4, 5 & 25---Loyalty to the State---Entitlement to protection of fundamental rights---If a citizen, which included a person performing functions in connection with the affairs of the State, would not obey the Constitutional commands, then he was not performing his obligation imposed by the Constitution---First duty of the citizens of the country was loyalty to the State and if a person would commit any offence against the State, then he was not entitled to the protection of fundamental rights and was liable to be prosecuted and dealt with in accordance with law enforced for the purpose. Saifuddin Saif v. Federation of Pakistan and 3 others PLD 1977 Lah. 1174; Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; Ex Lt. Col. Anwar Aziz (PA-7122) v. Federation of Pakistan through Secretary, Ministry of Defence Rawalpindi and 2 others PLD 2001 SC 549 and Mrs. Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632 ref. (b) Pakistan Army Act (XXXIX of 1952)---- ---- Ss. 73 & 74---Constitution of Pakistan (1973), Art. 199(3)--­Constitutional petition---Detention of Military Officers by. Army Authorities---Detenus had been arrested in due course of law under Pakistan Army Act, 1952---Matter relating to members of the Army Forces, was immune from scrutiny of High Court under Art. 199(3) of the Constitution except where was mala fide, without jurisdiction or coram non judice---One of detenus though .was not an Army Officer; but he had also been arrested under Pakistan Army Act, 1952; his case was also covered by the bar as contained in Art. 199(3) of the Constitution---Constitutional petition was dismissed. 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. JUDGMENT MUHAMMAD AKHTAR SHABBIR, J.---This judgment will dispose of Writ Petitions Nos.966 to 971, 431 of 2004 and Criminal Miscellaneous No.36-H of 2004. 2. These habeas petitions have been…

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