Law:

Section:

Pakistan Air-Force Act, 1953-- ----S. 121(2)--Contitution of Pakistan, 1973, Art. 199(1)(A)(ii)--Constitutional petition--Punishment of a person for an offence committed by him under PAF Act while serving as a major in Pakistan Army was seconded to PAF and was reverted to Pakistan Army--Validity--A person would not be tried for such an offence unless his trial commences within six months of the date he ceases to be subject to PAF Act--After expiry of six months from the first reversion of his client from PAF to Pakistan Army the bar contained in S. 121 (2) would become operative and notwithstanding the fact that he was subject to PAF Act--When the trial commenced the bar would remain effective--A person would either be subject to PAF Act, when he is tried for an offence committed under the Act or six months had not elapsed since his ceasing to be so subject to PAF Act--Petition was dismissed. THIS JUDGMENT DELIVERED BY: MAULVI ANWAR-UL-HAQ, JUSTICE---.--- The petitioner while performing his duties as a Wing Commander in the Medical Administrative Wing of PAF Base, Lahore, was charged with several offences mentioned in charge sheet dated 30.1.2002. The charges were formally read over to the petitioner on 6.2.2002 by a Field General Court Martial convened to try the petitioner. The trial accordingly commenced and ultimately the petitioner was found guilty of the second and, third charges and was sentenced to simple imprisonment for two months as also dismissal from service. An appeal filed, against the said conviction and sentence was dismissed by the Court of Appeals. 2. Learned counsel for the petitioner contends that the offences are stated to have been committed during the period January to June, 2000 while he was on secondment to PAF. He was, however, reverted to Pakistan Army w.e.f. 18.9.2000 vide Annex-B whereas the trial commenced against him on 6.2.2002. The precise contention is that he could not have been tried by the FGCM in view of the bar contained in Section 121(2) of the Pakistan Air Force Act, 1953, after six months of his reversion to the Army. Also refers to Section 2(e) read with Section 3 of the said Act of 1953. Learned Standing Counsel for…

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