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Petitioner: EX-ASSISTANT WARRANT OFFICER MUHAMMAD YOUSUF VS Respondent: FEDERATION OF PAKISTAN and another
Court Name: Sindh High Court Judge(s): Khilji Arif Hussain, Muhammad Roshan Essani Title:EX-ASSISTANT WARRANT OFFICER MUHAMMAD YOUSUF vs FEDERATION OF
PAKISTAN and another Case No.: Constitutional Petition No.D-302 of 2003 Date of Judgment:2003-05-28 Reported As: 2004 MLD 67 Result: Petition dismissed Judgment ORDER ' MUHAMMAD ROSHAN ESSANI, J.---By this Constitutional petition, the petitioner has sought following relief:-- (i) That the trial of the petitioner by a Court Martial and his conviction and sentences are without lawful authority and of no legal effect. (ii) It is further pleased that in the stated circumstances, the detention of the petition is wholly illegal and he is entitled to his freedom forthwith and he be, therefore, order to be set at liberty. ' The brief facts of the case as disclosed in petition are that petitioner Muhammad Yousaf was serving as Assistant Warrant Officer at PAF Base Mansoor Karachi since May, 2002. The wife of petitioner lodged complaint that petitioner is committing Zina with the daughter. The petitioner was arrested and was tried by the Field General Court Martial. He was charged with offence of Zina-bil-Jabar and convicted and sentenced to suffer R.I., for 23-1/2 years and to pay fine of Rs.90,000. He was also dismissed from his service. ' We have heard Mr. Shafi Muhammadi learned counsel appearing on behalf of petitioner. It is contended that Court Martial is not competent to try a person who is serving in Pakistan Air Force under Hudood Laws. ' The perusal of material placed on record shows that the petitioner was serving as Assistant Warrant Officer in Pakistan Air Force as such he was subject to Pakistan Air Force Act, 1953. By Ordinance XXXVIII of 1984 the amendments were introduced in Pakistan Air Force Act, 1953 and powers were conferred upon the Court Martial to try the cases under Hudood Laws and the right of appeal and revision was provided to the accused to prefer the same before the Authorities
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specified in the Act. Thus no other Authority, Tribunal or Court has jurisdiction to vary, modify, alter, annual, set aside, revise or review any order passed by any officer of the Force authorized under the Act. ' Resultantly the petition stands dismissed in limine.