102. Duty of Commanding Officer in regard to detention___(1) It shall be the duty of every
commanding officer to take care that a person under his command when charged with an offence is
not detained in custody for more than forty‑eight hours after the committal of such person into
custody is reported to him, without the charge being investigated, unless investigation within that
period seems to him to be impracticable with due regard to the public service.
(2) Every case of a person being detained in custody beyond a period of forty‑eight hours, and
the reason thereof shall be reported by the commanding officer to the Air or other officer to whom
application would be made to convene a general or district Court‑martial for the trial of the person
charged.
(3) In reckoning the period of forty‑eight hours specified in subsection (1), Sundays and public
holidays shall be excluded.
(4) Subject to the provisions of this Act, the 1[Federal Government] may make rules2 providing
for the manner in which and the period for which any person subject to this Act may be taken into
and detained in Air Force custody, pending the trial by any competent authority for any offence
committed by him.
103. Interval between committal and trial. In every case where any such person as is
mentioned in section 101 and as is not on active service remains in such custody for a longer period
than eight days, without a court martial for his trial being ordered to assemble, a special report giving
reasons for the delay shall be made by his commanding officer in the manner prescribed ; and a
similar report shall be forwarded every eight days until a court‑martial is assembled or such person is
released from custody.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
2 For the Pakistan Air Force Act Rules, 1957, see Gaz. of P., 1957, Ext., pp. 22712415.
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