Military court ruling challenged in SC

Published August 8, 2015
The petition demands that the conviction records must be provided. —AFP/File
The petition demands that the conviction records must be provided. —AFP/File

ISLAMABAD: The father of a death-row convict Haider Ali, who received the sentence from a military court, challenged the ruling in Supreme Court on Saturday.

The convict's father filed a petition in the apex court through Advocate Zulfiqar Bhutta. According to Section 3 of Article 184 of the Constitution, the federal government, secretary of defence, General Officer Commanding (GOC) for Malakand division and home secretary have been made a party to the petition.

The petition states that Haider Ali was about 14 years old at the time of his arrest in 2009. On demand of military officials in Swat, the petitioner's son was produced before military authorities and was taken into custody. He was shifted to an unknown location for investigation.

After six years, Haider's father found out that that his son is in Central Jail, Temargara in Lower Dir and filed a petition challenging his conviction after finding out that his son has been sentenced to death by military courts in Swat.

The petition further states that the convict's father has been unable to obtain records of the case as well as the military court's ruling in order to file a case against the judgement.

Read: Military courts get Supreme Court nod

Earlier this week, the Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan.

Petitions challenging the 21st amendment were dismissed in a majority 11-6 vote of the 17-member SC bench. Chief Justice Nasirul Mulk and Justice Dost Muhammad announced the verdict.

In a 14-3 majority vote, petitions challenging the 18th amendment were also dismissed by the bench. Judges provided seven opinions and two additional notes on the ruling.

The Parliament had passed the 21st Amendment and the Pakistan Army Act, 1952, to establish the special courts after the massacre at Army Public School, Peshawar, last year.

On April 16 the apex court had suspended executions of six militants who were awarded death sentence by the military courts.

The stay order was issued on an application filed by rights activist Asma Jehangir on behalf of the Supreme Court Bar Association (SCBA) after army chief Gen Raheel Sharif had ratified the death sentence to six militants and life imprisonment to one by the military courts.

The judgement on the 21st Amendment as well as the 18th Amendment will be the last major verdict by Chief Justice Nasirul Mulk as he will attain superannuation on Aug 16.

Over a five-month long hearing on the challenges to the 18th and 21st amendments was wrapped up by the Supreme Court on June 26.

A copy obtained by Dawn.
A copy obtained by Dawn.
A copy obtained by Dawn.
A copy obtained by Dawn.
A copy obtained by Dawn.
A copy obtained by Dawn.

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