judgment reported as “MUSHTAQ AHMED and others versus
SECRETARY, MINISTRY OF DEFENCE through Chief of Air and Army Staff
and others” (PLD 2007 Supreme Court 405) but it is observed with all
reverence that the facts of the said case runs on entirely different
footings having no nexus with the matter in hand as there is no cavil
to the proposition that a civilian person, when once becomes the
subject of “Act, 1952”, he would be liable to be tried and punished
as a person who is otherwise subject to the “Act, 1952”. So far the
principles laid down in the case of “ALI RIZWAN RAJA versus
FEDERATION OF PAKISTAN and others” (PLD 2019 Islamabad 273), it is
observed that in presence law laid down by the Hon’ble Supreme
Court of Pakistan in the case of “BRIG. (RETD.) F.B. ALI AND ANOTHER versus
THE STATE” (PLD 1975 Supreme Court 506) which was followed by this
Court in the cases of “SAIFUDDIN SAIF versus FEDERATION OF
PAKISTAN AND 3 OTHERS” (PLD 1977 Lahore 1174) and “Syed MUHAMMAD
ANWAR SHOHRAT BOKHARI versus FEDERATION OF PAKISTAN AND 3
OTHERS” (PLD 1981 Lahore 742) there remains no binding force in the
said judgment. It appears that the learned Islamabad High Court,
Islamabad was not assisted properly in the said matter. Any
judgment of a High Court cannot lay down the principles contrary to
the Hon’ble Apex Court as it offends the mandate of Article 189 of
the “Constitution”
Part Of Judgment
Lahore High Court
Writ Petition-Criminal proceedings-Detention/habeas
3739-19
2020 LHC 1
0 Comments