Member of Armed Forces

No right of appeal is provided under any provision of Pakistan Air Force Act, 1953, to a person, removed from his service, in exercise of power under S. 20 of the Pakistan Air Force Act, 1953 and in such situation an aggrieved person cannot be denied the right to file constitutional petition on account of Art. 199(3) of the Constitution.

When any action of the Army Authorities regarding a serving officer of the Armed Forces, subject to any law of Armed Forces, is established to be either mala fide, coram non judice or without jurisdiction, then the same can be assailed through constitutional jurisdiction of High Court.

No right of appeal is provided under any provision of Pakistan Air Force Act, 1953, to a person, removed from his service, in exercise of power under S. 20 of the Pakistan Air Force Act, 1953 and in such situation an aggrieved person cannot be denied the right to file constitutional petition on account of Art. 199(3) of the Constitution.

Protection of fundamental rights is on much higher pedestal than the bar contained in Art. 199(3) of the Constitution and in cases where rights have been infringed, extraordinary jurisdiction of the High Court under Art. 199 of Constitution can be competently invoked.

Bar of jurisdiction imposed on High Court under Art. 199(3) of the Constitution is not applicable in cases where order passed by Military Authorities is based upon mala fide or is coram non judice or without jurisdiction.

Article 199 (3) of the Constitution stipulated a bar to jurisdiction with regard to the matters pertaining to service of any member of Armed Forces of Pakistan

High Court could not travel beyond and dilate upon the merits of the present case and interfere with any order passed under the hierarchy of Armed Forces pursuant to their applicable laws

Constitutional petition was dismissed in circumstances

Petitioner would be at liberty to avail his remedy as provided under the applicable laws.

Within the prescribed parameters, a soldier had to remain committed to defending the country against external aggression or threat of war, and subject to law, acting in aid of civil power when called upon to do so under the directions of the Federal Government

Soldier, in the course of the discharge of his duties, was obligated to seeing that the Constitution was upheld, it was not abrogated, and it was not subverted or mutilated

When a member of the Armed Forces did any of the said acts, or any other similar act, he violated his oath and rendered himself liable to action under and in accordance with the Constitution and the law.