ISLAMABAD: The Islamabad High Court on Monday asked the relatives of five convicted naval officers to file a representation before the naval chief to seek any relief.

An IHC division bench comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani also directed the naval authorities to share details of the trial proceeding against these officers with the defence counsel.

Assistant Attorney General Far­rukh Dall pointed out that the record in the case was sensitive in nature and sharing its details might not be in the national interest.

“This is a case of capital punishment, the convict would be hanged, they have every right to get through the relevant record,” remarked Justice Farooq.

The bench observed that if the record was sensitive, the defence counsel might be instructed not to release it to the media or any other person.

At the outset, Mr Dall challenged the maintainability of the petition, saying that under the Pakistan Navy Ordinance, 1961, after the conviction in a court martial and upholding of sentence by the naval court of appeal, the convict might file representation before the naval chief.

He said that under Section 135 of the ordinance, the naval chief has the authority to set aside or reduce the sentence or completely quash the trial proceedings.

The bench asked the defence counsel, retired Lt Col Inamur Rahim, and retired Major Waheed, as well as the convicts’ relatives to file the representation before the naval chief first. It said the relatives might return to the court in case their grievances were not addressed.

A Navy tribunal sentenced five officers to death on Sept 6, 2014, in the Karachi Naval Dockyard attack case. Five were charged with having links with the militant Islamic State group, mutiny, hatching a conspiracy and carrying weapons in the dockyard.

However, according to media reports, the attackers were purportedly planning to hijack the warship PNS Zulfiqar to use it in an attack on one of the US navy’s refuel ships. Two militants were killed and four others apprehended by security personnel.

The defence counsel informed the court that the convicted officers were not given the defence counsel.

He said the father of one of the convicts had written a letter to the naval authorities about provision of defence counsel to his son. In response they informed him that this issue would be taken up at the time of trial.

Mr Dall told the court that senior naval officers, including a commodore, had been appointed defence counsel in this case.

Advocate Rahim, on the other hand, said the convicts claimed that they had not been provided the defence counsel during the court martial and the decision in this case was given without providing them proper opportunity of defence.

He said that there were certain anomalies in the trial proceedings which could be pointed out after detailed perusal of the record. He gave an undertaking to the court for keeping the entire record confidential and using this in preparing the representation to the naval chief.

Published in Dawn, October 22nd, 2019

Opinion

Editorial

China security ties
Updated 14 Nov, 2024

China security ties

If China's security concerns aren't addressed satisfactorily, it may affect bilateral ties. CT cooperation should be pursued instead of having foreign forces here.
Steep price
14 Nov, 2024

Steep price

THE Hindu Kush-Himalayan region is in big trouble. A new study unveiled at the ongoing COP29 reveals that if high...
A high-cost plan
14 Nov, 2024

A high-cost plan

THE government has approved an expensive plan for FBR in the hope of tackling its deep-seated inefficiencies. The...
United stance
Updated 13 Nov, 2024

United stance

It would've been better if the OIC-Arab League summit had announced practical measures to punish Israel.
Unscheduled visit
13 Nov, 2024

Unscheduled visit

Unusual IMF visit shows the lender will closely watch implementation of programme goals to prevent it from derailing.
Bara’s businesswomen
13 Nov, 2024

Bara’s businesswomen

Bara’s brave women have proven that with the right support, societal barriers can be overcome.