Armed Forces

2024 PLD 256 ISLAMABAD Judicial Precedent

Art. 245Armed ForcesRole ofArmed Forces are a subset of the Executive, as a subordinate of elected civilian government

Armed Forces act in aid of civil power under Art. 245 of the Constitution when asked to do so by the Federal Government.

2022 PLD 398 ISLAMABAD Judicial Precedent

Art. 245Armed ForcesRole and functionsBusiness venturesScope

No provision existed under the laws which authorizes or empowers Pakistan Army to undertake, directly or indirectly, activities beyond its composition for the purposes of welfare, unless Federal Government has expressly granted permission to do so

Pakistan Army has no power nor jurisdiction to directly or indirectly engage in business ventures of any nature outside its composition nor to claim ownership of State land

Constitution expressly describes two functions of Armed Forces

Primary function or Constitutional duty of Armed Forces is to defend Pakistan against external aggression or threat of war and that too under direction of Federal Government

Direction of Federal Government is a precondition

Other function is to act in aid of civil power when called upon to do so

Multiple eventualities could be requiring Armed Forces to act in aid of civil power e.g. internal security, natural calamities such as floods, earthquakes etc.

Secondary function to act in aid of civil power is subject to law and can only be undertaken if 'called upon to do so'

In case of both the functions, Armed Forces cannot act on their own

Such are the only two Constitutional functions mandated to Armed Forces

Since command and control of Armed Forces vests in Federal Government, therefore, no branch can undertake any activity or perform functions outside their respective establishments unless expressly directed or called upon to do so

Pakistan Army nor its officers are authorized or mandated to undertake, directly or indirectly, any activity such as leasing government land for commercial purpose.

2022 PLD 138 ISLAMABAD Judicial Precedent

Art. 245(1)Armed ForcesFunctionsConstitution expressly describes two functions of Armed Forces

Primary function or Constitutional duty of Armed Forces is to defend Pakistan against external aggression or threat of war and that too under the direction of Federal Government

Direction of Federal Government is a precondition

Other function is to act in aid of civil power when called upon to do so

There could be multiple eventualities requiring the Armed Forces to act in aid of civil power e.g. internal security, natural calamities such as floods, earthquakes etc.

Secondary function of Armed Forces is to act in aid of civil power which is subject to law and can only be undertaken if 'called upon to do so'

In case of both of the functions, the Armed Forces cannot act on its own

Such are the only two Constitutional functions mandated to the Armed Forces.

2020 PLD 428 ISLAMABAD Judicial Precedent

Arts. 199 & 10-APakistan Air Force Act (VI of 1953), S.20Pakistan Air Force Rules, 1957, Rr. 191 & 31-AConstitutional jurisdiction of High CourtRight to fair trialArmed ForcesConstitutional petitionMaintainabilityExpression 'subject to any law or subject to such law'Mala fide of competent authorityEffect

Appellants assailed orders passed by Single Judge of High Court whereby their Constitutional petitions against removal from service were dismissed on the ground that they had failed to cross the jurisdictional hurdle

Validity

Article 199(3) of Constitution, was a procedural provision, which was meant for an individual seeking remedy in terms of Art. 199(1) of the Constitution being an aggrieved person in a case when no other adequate remedy was available

Courts had to consider the true intention of the Legislature, who had framed Art. 10-A having the knowledge that Art. 199(3) barred exercise of jurisdiction in some matters

Article 199(3) of the Constitution had put much emphasis on the term 'subject to any law or subject to such law', whereas all the Statutes, Acts, Rules and Regulations were based upon the principle of fairness and in the interest of justice, they could not circumvent fundamental rights in any manner

Action taken by authorities, in the present case, was in negation of fundamental rights and based on mala fide intention

Bar contained in Art. 199(3) of the Constitution relating to the terms and conditions of the service of armed forces was not absolute

Intra Court Appeals were allowed and the orders passed in writ petitions were set aside, in circumstances.

2013 PLD 1 SUPREME-COURT Judicial Precedent

Arts. 243(1) & 245(1)Armed ForcesAction undertaken without direction of Federal GovernmentEffect

Any action of the Armed Forces undertaken without a direction by the Federal Government was unconstitutional, illegal, void ab initio and consequently of no legal effect.