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P L D 2009 SC 879

Constitution of Pakistan(1973) Art. 243(1)A-

According to Article 243 (1) the Federal Government has control and command of the armed forces whereas the supreme command of the armed forces shall be vested in the President in terms of Article 243(1) (A). The aforesaid Article was interpreted by this court in Sh. Liaqat Hussain’s case (PLD 1999 SC 504) and laid down the following principles:-

i) The personnel of the armed forces are under the final administrative control of the Federal Government.

ii) Every member of the armed forces has to take oath in the term stated in the 3rd Schedule in term of “Article 244 which has already been reproduced hereinabove.

19. The aforesaid Article was also interpreted by the Lahore High Court in Darwesh M. Arbey, Advocate Vs. Federation of Pakistan Thr. The Law Secretary and 2 others (PLD 1980 Lah. 206) and laid down the following principles:-

a) Armed forces which owe allegiance to Pakistan cannot be used for political motive by the party in power.

b) It not only is violative of the oath prescribed in the third Schedule which prohibits engagement of the army in political activities and further tarnishes the image of the Army. [p. 1230]NNNN

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