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ACT XLI OF 1975 ACT XLI OF 1975 BALUCHISTAN CONSTABULARY ACT, 1975 An Act to provide for the regulation of the Baluchistan Constabulary in Baluchistan [Gazette of Pakistan, Extraordinary, Part I, 23rd April 1975] The following Act of Parliament received the assent of the President of 19th April 1975, and is hereby published for general information :-- 9. More heinous offences.----(1) Every member of the Constabulary who- (a) begins, excites, causes or conspires to cause, or joins in, any mutiny; or being present at any mutiny, does not use his utmost endeavours to suppress it, or knowing, or having reason to believe in, the exis tence of any mutiny or of any intention to mutiny or of any conspiracy against the State does not, without delay, give information thereof to his commanding or other superior officer; or (b) uses, or attempts to use, criminal force to, or commits an assault on, his superior officer whether on or off duty, knowing or having reason to believe him to be such officer; or (c) shamefully abandons or delivers up any garrison, fortress, post or guard which is committed to his charge or which it is his duty to defend ; or (d) directly or indirectly holds correspondence with, or assists or relieves, any person in arms against the State, or omits to disclose immediately to his commanding or other superior officer any such correspondence coming to his knowledge; or (e) while on active service,- (i) disobeys the lawful command of his superior officer ; or (ii) deserts the service; or (iii) being a sentry, sleeps upon his post, or quits it without being regularly relieved or without leave ; or (iv) without authority, leaves his commanding officer, or his post or party to go in search of plunder; or (v) quits his Company, unit, guard, picquet, party, or patrol without being regularly relieved or without leave; or (vi) uses criminal force to, or commits an assault on, any person bringing provisions or other necessaries to camp or quarters, or forces a safeguard or, without authority, breaks into any house or any other place for plunder, or plunders, destroys, or damages any property of any kind; or (vii) intentionally causes or spreads a false alarm in action or in camp, garrison, or quarters; or (viii) displays cowardice in the execution of his duty; shall be punishable with imprisonment for life, or with imprisonment for a term which may extend to fourteen years, or with fine which may extend to three months' pay in addition to such sentence of imprisonment as may be passed upon him under this section. (2) If any member of the Constabulary, while on active service with a force beyond the limits of Pakistan, is charged with committing any offence described in clause (c), clause (d), or sub-clause (ii) of clause (f), of sub section (1) or the offence of culpable homicide amounting to murder, he may, notwithstanding anything contained in this Act or any other law for the time being in force, be summarily tried for such offence by the Political Officer, sitting with two other officers appointed by him for the purpose. (3) Every officer appointed under subsection (2) shall be either- (a) a commissioned officer, other than a junior commissioned officer, of the Pakistan Army, (b) a civil officer of Trade 17 or above, or (c) a Constabulary officer appointed under section 6; Provided that, if circumstances permit, not less than one such officer shall be a Constabulary officer appointed under section 6. (4) Notwithstanding anything contained in any other law for the time being in force, if in a trial under subsection (2) one or both of the officers sitting with the Political Officer concur with him in finding the accused person guilty of an offence referred to in that subsection, and the Political Officer considers the case one in which the sentence of death should be passed, he may, in passing such sentence, direct that the accused person shall be forth with shot to death, and such sentence shall be carried out in accordance with such direction.