Legal Case Summary

Case Details
Case ID e1da0197-8284-4dea-b2b2-148c1a3a1884
Body View case body.
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)