LAHORE: The Lahore High Court dismissed a habeas corpus petition seeking production of a serving Brigadier and observed that the court cannot pass an order for any action taken against a person under the Army Act.
The court while dismissing a petition of Ummaira Saleem, who approached the court for recovery of her husband Brigadier Akhtar Subhan under the custody of military and being investigated under Section 2(1)(d) of the Army Act, said the Article 199(3) of the Constitution clearly bars the jurisdiction of this court to resolve the matters involved in this petition.
The court said the provisions of the Army Act are protected under Article 8(3)(a) of the Constitution from being challenged on the ground of inconsistency with the fundamental rights contained in Chapter I, Part II of the Constitution.
The court, therefore, said non-compliance of the provisions of Article 10(2) of the Constitution could not invalidate the arrest and detention of accused officers under the Army Act.
The court observed that writ of habeas corpus is only maintainable if a person is detained without lawful authority in an unlawful manner.
Copyright Business Recorder, 2023
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