ABID HUSSAIN vs SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN Ss — 2021 SCMR 645 SUPREME-COURT

Case information

Citation: 2021 SCMR 645 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: ABID HUSSAIN vs SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN Ss
Provisions referred to: S. 4; Pakistan Air Force 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

ABID HUSSAIN VS SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF PAKISTAN Ss. 4(viii), 4(xi) & 71---Civil offence committed by an 'airman'---Dismissal from service with rigorous imprisonment---Field General Court Martial, jurisdiction of---Expression "civil offence" [used in S. 4(xi) of the Pakistan Air force Act, 1953] was exclusively brainchild of the statute relating to the offences committed by members of the armed forces, hence, any person who was subject to law of the armed forces, and committed a civil offence, would be dealt with under the procedure laid down in the respective enactment---Any offence, which was punishable under ordinary law of the country, if committed by a person who was subject to the law of armed forces including Pakistan Air Force, would be dealt with under the respective law of the armed forces---In the present case the Field General Court Martial had full jurisdiction to try the petitioner, who was Corporal Technician i.e. a junior officer, therefore, an "airman" in terms of S. 4(viii) of the Pakistan Air Force Act, 1953--- Review petition was dismissed.

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