PESHAWAR, May 12: The Peshawar High Court on Thursday ruled that civilian employees on army farms are subject to the Army Act and could be court martialled. A two-member bench, comprising Justice Qaim Jan Khan and Justice Ijaz Afzal, dismissed a writ petition filed by Abdur Rahseed and seven other employees of the Peshawar military farms who had challenged their proposed court-martial in a case of certain discrepancies in supply of milk from the farms.

The petitioners have challenged a circular of the Pakistan Army issued in 1999 which authorized the court martial of all categories of civilian employees attached with the army.

Barrister Adnan Saboor Rohaila appeared for the petitioners and argued that the impugned circular was unconstitutional and even in conflict with the Army Act, 1952.

He contended that the impugned circular was based on the judgment of the Supreme Court in the “State versus Khursheed Khan” case and in fact the judgment was interpreted by the judge advocate-general of the Army. He argued that in that case the civilian employee was directly functioning in the General Headquarters, whereas in the present case the petitioners were only serving at the military farms and performing civilian duty.

Mr Rohaila argued that under the Army Act, 1952, the petitioners did not fall in the category of those civilian employees of the army who could be court martialled. He added that under section 2(1)(c) of the Army Act only four categories of civilians were mentioned who were subject to the Act and those categories included people attached with active service, any camp, in any of the frontier post or were on the march with the army.

The petitioners counsel argued that through the circular the categories of civilians were extended and all the civilian employees were included in it. He added that the circular was even in conflict with the Army Act.

The deputy attorney-general, Hamid Farooq Durrani, appeared for the respondents and argued that the petitioners were attached with the Army and they were subject to the provisions of the Army Act. He added that the circular was issued in the light of the Supreme Court’s verdict.

The respondents in the petition include the Government of Pakistan through ministry of defence, judge advocate-general branch, director-general of the military farms and the farm officer of the military farms in Peshawar.

The petitioners stated that they were performing civil services in the military farms, Peshawar. During their service at the farms, audit was conducted for the period Feb 1997 to May 1998. In the audit report objection was raised against certain discrepancies in regard to the receipt and supply of milk from the military farms.

In reply to the objection, it was submitted by the petitioners that the GHQ Rawalpindi had fixed the capacity of animals and that policy was adopted for many years, whereas on various occasions the animals did not have sufficient milk in terms of fix quantity stipulated by the headquarters.

In pursuance to the audit objection a domestic inquiry was conducted by the commanding officer of the Reserve Supply Depot which concluded in Dec 2000. After completion of the inquiry the involvement of the petitioners was not proved. However, it was observed that matter may be inquired a fresh. The second inquiry was also conducted and the president of the inquiry recorded summary of evidence, but declared that petitioners had committed no default or misconduct.

The petitioners stated that the respondents were not satisfied with the findings of the summary of evidence and therefore additional summary of evidence was ordered again which was concluded in April 2004. The petitioners stated that the findings were forwarded to the branch concerned, but the JAG branch, Peshawar, ordered to conduct general court-martial against the petitioners.