Persons Subject to Asf 1975 Laws, Pakistan Legal Perspective Part 1

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Persons subject to ASF 1975 Laws, Pakistan Legal Perspective  Part 1

By

S J Tubrazy

the Army Act which was enacted in May, 1952, but it came, into force on first day of April; 1955, upon issuance of notification by the Federal Government in terms of subsection (2) of section 1. The Preamble of the same gives its object by providing that “Whereas it is expedient to consolidate and amend the law relating to the Pakistan Army”.

It may be observed that section 2 thereof gives the scope of its application by providing to whom it will be applicable. It may be advantageous to reproduce above section, which reads as under:–

“2. Persons subiect to the Act.–(1) The following persons shall be subject to this Act, namely:–

(a) officers, junior commissioned officers and warrant officers to the Pakistan Army;

(b) persons enrolled under the Army Act, 1911 (VIII of 1911), before the date notified in pursuance of subsection (2) of section 1, and serving with the Pakistan Army immediately before that date, and persons enrolled under this Act;

(bb) persons subject to the Pakistan Navy Ordinance, 1961 (XXXV of 1961) or the Pakistan Air Force Act, 1953 (VI of 1953) when seconded for service with the Pakistan Army, to such extent and subject to such regulations as the Federal Government may direct;

(c) persons not otherwise subject to this Act, who on active service, in camp, on the march, or at any frontier post specified by the Federal Government by notification in this behalf, are employed by, or are in the service of or are followers of, or accompany any portion of the Pakistan Army;

(d) persons not otherwise subject to this Act who are accused of– ,

(i) seducing or attempting to seduce any person subject to this Act from his duty or allegiance to Government, or

(ii) having committed, in relation to any work of defence, arsenal, naval, military or air force establishment or station, ship or aircraft or otherwise in relation to the naval, military or, air force affairs of Pakistan, an offence under the Official Secrets Act, 1932; or

(iii) an offence punishable under sections 1123, 123-A, 124-A, 143, 144, 147, 148, 152, 153-A, 188, 193, 224, 225, 283, 302, 304, 307, 325, 326, 332, 342, 353, 364, 366, 376, 392, 395, 396, 397, 431, 435 or 536 of the Pakistan Penal Code (Act XLV of 1860), or the Pakistan Aims Ordinance, 1965 (W.P. Ordinance, XX of 1965), or the Explosive Substances Act, 1908 (VI of 1908), or the Defence of Pakistan Ordinance, 1971 (XXX of 1971), or any rule made thereunder or the High Treason (Punishment) Act, 1973 (LXVIII of 1973), or the Prevention of Anti-National Activities Act, 19.74 (VII of 1974), or-an attempt or conspiracy to commit, or an abetment of, any of the said offences;

(dd) persons not otherwise subject to this Act who are accused of having done any act with intent to impair the efficiency or impede the working of, or to cause damage to–

(i) any building, vehicle, machinery apparatus or other property used, or intended to be used, for the purposes of the State or any local authority;

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