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Pakistan Army Act (XXXIX of 1952)------S. 16---Rules of Business 1973, Rr.15 & 15-A---Constitution of Pakistan (1973), Art. 199(3)---Constitutional petition---Army officer--­Termination of Service---Demotion---Compulsory retirement and demotion of the petitioner by the Federal Government was challenged in Constitutional petition---Validity---Article 199(3) of the Constitution had imposed restriction on the High Court that no order could be made under Article 199(1) on application made by or in relation to a person who is a member of the Armed Forces of Pakistan---Petition was dismissed in circumstances. Captain Iftikhar Ahmad's case 2001 YLR 2679; Ex-LT. Col. Anwar Aziz v. Federation of Pakistan through Secretary, Ministry of Defence, Rawalpindi PLD 2001 SC 549; Cap. Syed Jamil Ali Shah 2004 Pak. Crl. L.J. 560 quoted. Muhammad Akram for Petitioner. Raja Iftikhar Javed Standing Counsel with Iqbal Hashmi Lt.-Col. AJAG for Respondent. Date of hearing: 16th June, 2004. JUDGMENT Waseem Pasha Tajammal/Major (Rtd.) son of General Tajammal Hussain Malik while posted at Multan Cantt., came to Rawalpindi on a short leave in December, 1998 where, his parents and other family members were residing in a rented house and on the same day he murdered his wife and the local command took the petitioner into custody and placed him under arrest from that date and a case F.I.R. No. 349 dated 1-12-1998 under section 302 P.P.C. had been registered at Police Station Airport, District Rawalpindi. Later on, the petitioner was tried by a Field Court Martial. He was convicted under section 302 P.P.C, and sentenced to 14 years R.I. His conviction and sentence had not been confirmed by Chief of-Army Staff on 11-9-1999 and thereafter the accused was handed over to Civil authorities/police by the Army authorities for action in accordance with law on 10-3-2000. 2. The petitioner had been lodged in Adeyala Jail, who was thereafter released on bail by the learned ASJ, Rawalpindi vide order dated 15-3-2000. Learned District and Sessions Judge Rawalpindi vide order dated 13-10-2000 discharged the petitioner from the case on the ground that the petitioner was tried by the competent Army…

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