GROUP CAPTAIN SYED MUHAMMAD FAZAL versus FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI CANTT.
Sections 41 (1), 71, 60, 2, 3 and 162 of the Constitution of Pakistan, Article 199 (3) Constitution Petition Mutiny Ability Petitioner, Captain of a group of Pak Air Force punished under Section 41 (1), 71 and And challenged the punishment. He has already retired from service sections 2 and 3 on the grounds that he was not subject to the Pakistan Air Force Act, 1953, by the Field General Court Marshal, based on the Pakistan Air Force Act, 1953. Under the Pak Air Force Act, 1953, the terms and conditions of the Act were annexed to a letter issued by the Deputy Chief of Air Staff, Air Headquarters, 21 7th 2009, respectively. According to the paralyzed remarks made by the respondents / Federation of Pakistan, the date of the seizure of power according to the letter (7) was 2010, while the strike date of duty (SOD) was 5 7 2009 and the job of the applicant. Was a holiday. Beat the date shown as 365 days o Although the applicant's duty was 5 2009 2009, he was still on the 365-day LPR when he was asked to appear before the Field General Court Marshal and The accused was, and therefore, subject to the time of his hearing. The Pakistan Air Force Act, 1953 and it was bound to be charged and accordingly they were to be prosecuted. Under Section 162B of the Pakistan Air Force Act 1953, the applicant was granted the right to appeal. This fact was further explained at the time of His conviction by the petitioner, which the petitioner himself had put on record, that the applicant did not avail himself of the remedy of the appeal, applied for the relief sought in Article 199 (3) of the Constitution.
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