MUHAMMAD IDREES KHATTAK vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Rawalpindi S — 2021 PLD 135 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PLD 135 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PLD
Parties: MUHAMMAD IDREES KHATTAK vs GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Rawalpindi S
Subject matter: Constitutional
Provisions referred to: S. 2; S. 59; Pakistan Army Act (XXXIX of 1952); Official Secrets Act; Pakistan Army Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD IDREES KHATTAK VS GOVERNMENT OF PAKISTAN through Secretary, Ministry of Defence, Rawalpindi S. 2(1)(d)(ii)---Pakistan Army Act (XXXIX of 1952), S. 59(4)---Constitution of Pakistan, Art. 199---Constitutional petition---Field General Court Martial---Civil offence---Trial of civilian---Petitioner alleged that his brother was detained by military authorities and had assailed his Field General Court Martial---Validity---Detenue was charged for offences under Official Secrets Act, 1923---Any person who had committed offence under S.2(1)(d)(ii) of Official Secrets Act, 1923, would become subject of Pakistan Army Act, 1952---Provision of S.59(4) of Pakistan Army Act, 1952, was a deeming provision and it was non-obstinate clause having overriding effect over mechanism of trial provided under Official Secrets Act, 1923---Field General Court Martial was competent to try the detenue for the offence---High Court declined to interfere in the matter as the detenue would get an opportunity to defend himself through an advocate of his choice---Constitutional petition was dismissed, in circumstances.

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