| Case ID |
e1da0197-8284-4dea-b2b2-148c1a3a1884 |
| Body |
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| Case Number |
W.P. No. 1419 of 2008 |
| Decision Date |
Jul 16, 2009 |
| Hearing Date |
Jul 16, 2009 |
| Decision |
The Lahore High Court dismissed the petition filed by EX. PSS Lieut Colonel Masud Mahmood against the Federation of Pakistan regarding his trial under the Pakistan Air Force Act, 1953. The court held that the trial was valid as the petitioner was subject to the Act when the trial commenced. The petitioner was charged with offences committed while serving in the Pakistan Air Force and had been reverted to the Pakistan Army. The court noted that under Section 121(2) of the Pakistan Air Force Act, a person must be tried within six months of ceasing to be subject to the Act. However, since the trial began while the petitioner was still subject to the Act, the dismissal of the petition was warranted, and no costs were imposed. |
| Summary |
This case revolves around the legal interpretations of the Pakistan Air Force Act, 1953, particularly Section 121(2) concerning the trial of individuals who cease to be subject to the Act. The petitioner, a former Wing Commander in the Pakistan Air Force, was charged with offences committed during his service. The court evaluated whether the trial was valid given the timeline of his reversion to the Pakistan Army. The decision emphasized the importance of timely trials under military law and clarified the conditions under which a person can be tried after ceasing to be subject to the Act. The case highlights key legal principles related to military jurisdiction and the procedural safeguards afforded to service members. |
| Court |
Lahore High Court
|
| Entities Involved |
Lahore High Court,
Pakistan Army,
Pakistan Air Force
|
| Judges |
MAULVI ANWAR-UL-HAQ, JUSTICE
|
| Lawyers |
Col. (Retd.) Muhammad Akram, Advocate for Petitioners,
Mr. Babar Ali, Standing Counsel,
M. Junaid Cheema, Flying Officer, AHQ, Peshawar
|
| Petitioners |
EX. PSS LIEUT COLONEL MASUD MAHMUD
|
| Respondents |
FEDERATION OF PAKISTAN,
FEDERAL GOVERNMENT THROUGH SECRETARY MINISTRY OF DEFENCE RAWALPINDI CANTT
|
| Citations |
2010 SLD 1182,
2010 PLJ 611
|
| Other Citations |
Not available
|
| Laws Involved |
Pakistan Air Force Act, 1953,
Constitution of Pakistan, 1973
|
| Sections |
121(2),
199(1)(A)(ii)
|