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MUHAMMAD NAWAZ BALUCH versus PRESIDENT OF PAKISTAN, ISLAMABAD


Under section 37 (e) of the Pakistan Air Force Act 1953, the Conduct Rule (XLV of 1860), Article 131 Constitution of Pakistan (1973), Article 199 of the Constitution was to abolish the charge under section 37 (e) of the Pakistan Air Force Act 1953. The framework and trial of the accused had begun. In this case the provision of law has been attracted or the decision of the matter not to be a matter may be decided by the forum forum, the Field General Court Marshal and not the jurisdiction of the High Court in its constitutional exercise. The question can only be determined after recording the evidence if the allegation was false or if the accused failed to give full notice, it could affect the entire trial and such situation. I face the accused. The right to file an appeal under the Pakistan Air Force Act 1953, alternative treatment is available to the alternate accused, the constitutional petition was not protected. However, the High Court could not, in its discretionary jurisdiction, short-circuit the usual procedure of litigation as the constitutional petition provided for under the statute was excluded.

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