Citation Name: 2023 PCrLJ 1455 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAHOOR UL ISLAM vs CONVENING AUTHORITIES AIR FORCE COMMODORE, PESHAWAR Ss — 2023 PCrLJ 1455 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1455 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1455 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAHOOR UL ISLAM vs CONVENING AUTHORITIES AIR FORCE COMMODORE, PESHAWAR Ss
Subject matter: Criminal
Provisions referred to: Official Secrets Act (XIX of 1923); Pakistan Air Force Act (VI of 1953); Official Secrets Act; 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

Citation Name: 2023 PCrLJ 1455 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD ZAHOOR UL ISLAM VS CONVENING AUTHORITIES AIR FORCE COMMODORE, PESHAWAR Ss. 419, 420, 468, 471 & 109---Official Secrets Act (XIX of 1923), Ss. 6-C & 9---Pakistan Air Force Act (VI of 1953), Ss. 2(dd), 37(e) & 71---Constitution of Pakistan, Art. 199---Constitutional petition---Armed Forces personnel---Court Martial, conviction and sentence of---Petitioner was convicted after Court Martial and was sentenced to imprisonment for life---Validity---Accused was charged under Ss. 6 & 9 of Official Secrets Act, 1923 that carried a punishment of two years---When same sections of law were read with Ss. 71 & 2(dd) of Pakistan Air Force Act, 1953 then punishment of two years would enhance to death or imprisonment for life, in addition to the punishment of imprisonment for two years, provided under Ss. 6 & 9 of Official Secrets Act, 1923---High Court in view of the bar contained in Art. 199(5) of Constitution declined to interfere in conviction and sentence awarded to accused as the Tribunal established under the law relating to armed forces was specifically excluded from definition of term “person”--- Constitutional petition was dismissed, in circumstances.

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