The Administration of Justice In the Pakistan Air Force

• Author: Squadron Leader Sheikh Mohammad Anwar
• Pages: 02

Majm Aspects of iMilitary Jvstice in the Pakistan Air Fowe are discussed. Based on a comparative analvsisof Pakistai! aid Cnited States military hw, recommendatioiis for mprovemmts in limited areas of both swstems ave presmted.

INTRODUCTION

This article's primary purpose i8 to acquaint American readers with some important areas of administration of justice in the Pakistan Air Force. While it is unlikely that an officer of the U. S.Armed Forces will ever be required to implement Pakistan Air Force law knowledge of the subject will be useful in promoting better understanding between the forces of the two countries while working 8s allies. Another point of interest, from the view Gf American readers, is that both Pakistan and the United States share the historical experience of inheriting their judicial systems from the same source-the British. While the American legal system has remained welded to the common law, a happy combination of common law and continental civil law has formed the basis of criminal law in Pakistan, of which military justice i s only a part. How this blended law is meeting the requirements of discipline of the Armed forces of a developing country will be set another paint of interest in the paper.

The secondary aim of thia article is to gain, by appropriate comparisons, useful and practicable ideas from the progress made bs the United States in the field af military justice, which might in

* This article was adapted from a theiir presented to The Judge Advocate General's School, C S. Army, Charlottesville, Virginia, while the author was a member of the Taenty-First Advanced Course. The pinions and eonclu~i~nipresented herem are those of the author and do nor necer-~arilyrepresent the view3 of The Judge Advocate Genersl'r School OT any garernmental agency of the United States or of Pakistan.

** B.A. 1864, G.H. College, Bhopal (India); LL.B. 1968, Punlab Umierslty Lahorr (Pakistan) : Pskirtan Air Force.

turn be heipfu! in impiar:ng the spter. in Pakistan Shce

the %>-stem deals.

2 . Grnr,ai

Pakistan became an independent nstion on August 14, 1947 when in accordance wth the Indian Independence Act: the Indian aub-continent was partitioned into the dominions of Pakirtan and India. This marked the end of about t%o centurie- of British rule in the country, then known as British India.

D w i w their rule, the British tiained ar.d organized three sepa-rate defense forces. The Army was the first to be raised on a regular basis in 1754 under British Crown Act, 27 Gea I1 Ch 9.3 followed by the Sa\->- in 1830 and the Air Force. last to be established in 1932 By the time of the partition, these forces had been highly organized and were being governed under three

.1. HISTORICAL BACKGROl.SD

PAKISTAN

separate but Sirniiar laaa, vii. Indian Army Act, 1911, Indian

Discipline Act, 1934 and Indian Air Force Act, 1932. The ion entailed division of the armed forces an the basis of ous identification and a portion of the armed forces a180 became Pakistan's share. The present defense forces of Pakistan are an outgrowth of the same heritage.

To keep the continuity of the legal system, it was provided under the Indian Independence Act that the existing laws of British India, including the Service's laws. were to continue to operate in the new countries until superseded by subsequent legislation.i The three Services' lawv3. therefore, continued to operate initially in Pakistan until they were repealed by the present laws, zii.. Pakistan Arms Act of 1962, Pakistan Savy Ordinance of 1961 and the Pakistan Air Force Act of 1963. The present laas, though greatly improved in laneuage and farm, are in substance the same as their respective predecesaors and continue to retain their inter-se similarity.

Unlike the American legal system, the criminal law system of Pakistan is a unique blend af common law and continental civil law.' The country's Judiciary has only one system of courts, unlike the dual state and federal court system of America.8 This legal aystem is essentially the same as handed down by the Bntieh The lam of the countrs are contained in elaborate codes. The most important criminal codes of the British era, uiz. Pakistan (formerly "Indian") Pena! Code, M60, Evidence Act--1872 pnd Code of Criminal Procedure, 1898, are still in force in Pakistan with 1;ttle change. A member of the armed forces is subject to all the laws of the land as a citizen of the country and to the respective disciplinary codes as a member of the defense forcmr

2. Hiatmu of the Air Force LaxThe d a m of the air age was ushered into the Indian subconti- 6 1r.dian lcdependerce Act 11947). 1813)

Save as othernise expreirly provided in this let. the la^ of Brmrh Indm and af ihe several parts thereof existing mmediately before the appointed dab ?hall, 50 far BJ applicable and with neees~ a r g sdapta:iar.s. continue ai the Ian of each of the new Dominions an the several peifr thereof until ather praumon 11 made by the laws af the legislature at the Damman I" question OT by any other legislature or other au:horiti haiing power in that behalf

See eldo Friedman. Intemaiioaol La%, 847 (1869). I ~ ~ ~ H A U I I A D

I~AIHAR HAS*\ S~ZA,II

THE CODE OF C Z I ~ I I X I L PROCL. DLRL I-IV (3RO Po 1 and THE PABISTAU PEXAL CODE. ai-a7 (3rd ed.)

A K. BROHI, FUNDAICSTAL LAW a i PAxlarax 62 (18SB). 7 Id. at 651

61 hllLITARl LAlI- RET-IEW

nent in December. 1918, when a few planes of the Royal Air Force of Great Britain arrived in the co.,rti!, malnlv far 'om mimication purposes. Realizing the giowng need and ~mportd!.~e of an Air Force, the then garernaent of India (headed by the Goiernar General representing the crowr.), an the recommendat.an of "The Sireme Committee,pendent Air Farce on the line- oAccordingly, ;he Indian Air FIndian Army Act 1911 and into

British .in Farce Art was emctthe Indian Air Force. The Airaircraft, SIX officeis and nmeteenAir Farce The buthplace of this m a l ' Right uai. mcidertall? Karachi (now in Pakistan). " The Indian Air Force Act of 1932

operative on 23rd XIarrh 19% I' after the procedural rules. The Pakistan Air Force Art Rule5 19% [hercnaiter referred to ai PAF Act Ru.es). had been promulgated by the Ninistry of Defense. Central Government ,- (equl\alent to the Cnited State? De-

~

' I l i \ l i L OF P*'..'I*' AIR €"CL LA$! 1

PAKISTAN

partment of Defense). The PAF .4ct and the PAF Act Rules, which have been amended from time to time vithout making any fundamental chansea in the Ian, contain 206 sections and 224 rules respectively.

In order to bring the Air Force la%' within easy reach of an average officer and airman, a Xanual of Pakistan Air Force Law (hereinafter referred to as MPAFL) containing elaborate explan-Jtory "notes" (commentary) of the PAF Act and Rules, a summary of the Ian of evidence and other material was prepared by the Judge Advocate General's Department and issued under the authority of the Ministry of Defense in 1968. The MPAFL is presently the only standard source for guidance on 4ir Force law. Similar manuals have also been published by the Pakistan Army and S a ~ y . ~ *

2. GEl-ERAL SCHEME OF PAKISTAS AIR FORCE LAW

   The object of Air Farce law is to provide for the maintenance of discipline and good order among the members of the Service. Its scheme is designed to ensure quick disposal of offenses and effective punishments. The individual rights of servicemen have been tailored to be consistent with these objectives. The statutory scheme of the law is simple and is designed to operate without the help of legally trained personnel.

   Many procedural irregularities can be ignored if no real injustice 1s done to the accused. Similarly, some other procedural requirements can be waived because of exigencies of the service. Since discipline is the function of the command, the commanding cfficer plays an important role in the entire scheme of justice which i3 baaed an the traditional philosophy: military justice is the militars's business.

   The Pakistan Air Force is a relatively small but well knit organization. The chain of command runs from the Chief of Staff, Deputy Chief of Staff to Base and Unit Commanders (inthe farce and effect of law iEi Porta Reed, 100 US 13 i1819)). See elno DAULAT RAV PRLM Commmtar;as on Vditary Lou 229 (1966)

   Section 203 oi the P.4F ACT also authorized th.e Central Government to make "regulatians for all OT any of the ~nrposei of the Act other than those maltera carercd in the Rules? There regulatlone haie not been pub-lished so far far j.arious reason% The Regulation% far the Indian Air Force, uith iuirab!e n.odhcatianr, canbnue to be used ~n the PA€. supDlemanted by other admimrtratiie Air Farce Orders (A.FO.'a), etc.

   13 Seo p 10 inria.

   14 see B W T a note 1. 45

   61 llILITARY LAW RETIEIT

   cludinp Officers Commanding TVings and Squadronr). The Preai-dent of Pakiltan. who has been the "Supreme Commander of the Armed Forces'' in the earlier t w

   Constitut1m:s of Pakistan" and is F.OW the "Commander ir. Chief" of the three farces i,nder the present Interim Constitution. I ' hac ieldom interfered with the disciplinary matters of the Services.

   The Base and Unit Commanders are primarily repponsible for discip!ine. the inve3tigation of charges and are 8:so empowered to award SUKIIIII>- punirhmnts. the eqliiralent of nonjudicial punishment under the American Pniform Code of IIilitarr Just~ce.

   meant for nartmf. To appeal to c ~ r i l m caurta from any dis-

   c. ROLE OF THE JiDGE ADI.OC.4TE GESERAL'S DE-PART.VE.VT, PAKISTAY .AIR FORCE

   The Pakistan Air Farce has a Judge Advocate General's Department (hereinafter referred to as JAG Depaitment) xhich functions at Air Headquarters direct13 under the Chief of Staff. The JAG Department renders !egnl advice to the Chief of Staff. other staff officers and commanders "on matters relating to Air

   The JAG Department 1s a mm!I organization cells know-n a- the "Pre-trial Section" The former renders pre-trial advice to and. as a matter of practice...