3075/2015 Const. P. Muhammad Tufail (Petitioner) V/S Chief Naval Staff and Ors (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
3075/2015 Const. P. Muhammad Tufail (Petitioner) V/S Chief Naval Staff and Ors (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 17-MAR-20
Petitioner was discharged from service of Pakistan Navy vide office order dated 11.3.2014 in terms of rule 0240 of Naval Regulation. The petitioner has invoked the constitutional jurisdiction of this Court, seeking declaration to the effect that the entire disciplinary proceedings initiated against him by the respondent-Pakistan Navy, culminating into his conviction were mala fide, without jurisdiction and coram non judice, thus liable to be annulled---i) Whether jurisdiction of this court is barred under Article 199(3) of the Constitution? ii) Whether major punishment awarded by the Field General Court Martial against the petitioner was mala fide, without jurisdiction and coram non judice? iii) Whether the offence, said to have been committed by the petitioner, was a civil offence or a military offence falls under the Pakistan Army Act, 1952, if so, to what effect?