In the case of “SAIFUDDIN SAIF versus FEDERATION
OF PAKISTAN AND 3 OTHERS” (PLD 1977 Lahore 1174), while pondering
upon the mandate of Section 2(1)(d) of “Act, 1952” observed as
under :-
“15. It has not been denied that civilians-term used in a
general sense—as distinguished from the personnel in the
Armed Forces covered under clauses (a), (b) and (bb) as also
persons other than those belonging to the Armed Forces who
are employed or are in the service of or followers of the
Pakistan Army, were not originally included in the various
categories of persons subject to the Army Act. It is also an
admitted position that all such civilians have not been made so
subject, in all matters, to the Army Act. Only two categories of
offences are mentioned in sub-clauses (i) and (ii) of clause (d) of subsection (1) of section 2 in connection with which the socalled civilians are made so subject. It is further to be noted
that the specified offences are also offences under the ordinary
law and, but for this special provision, are triable in ordinary
course of criminal proceedings under the general codes and
procedures applicable to all civilians. Thus, essentially clause
(d) provides an exception and the same has to be construed
strictly. Due benefit to the persons concerned in this behalf
cannot be withheld on any general consideration which are
obvious and which it is not necessary to spell out. The above
course of action is also necessitated by the use of the phrase
“persons not otherwise subject” prefixed as a starting point for
bringing the so-called civilians under the Army Act.
16. Keeping the foregoing principle in view, it is necessary
to give content and meaning to each provision of this all
important clause (d) of subsection (1) of section 2 which makes
persons not otherwise subject to the Army Act and its
provisions; with which such persons, undoubtedly, are
ordinarily not to familiar; as these persons, as ordinary citizens,
are familiar with the other prevailing laws relating to crime, its
detention and punishment. Clause (d) clearly specifies that a
person who is not otherwise subject to the Act would become
so subject only when “He—is—Accused of” one or more
offences mentioned therein.”
Lahore High Court
Writ Petition-Criminal proceedings-Detention/habeas
3739-19
2020 LHC 1
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