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Published 08 Jan, 2013 09:03pm

Ex-servicemen’s conviction: SC dismisses review pleas

ISLAMABAD, Jan 8: The Supreme Court dismissed on Tuesday a set of pleas seeking a review of its earlier rejection of appeals of a number of former army officers against their convictions by a field general court martial (FGCM) for staging a coup to overthrow the PPP government of Benazir Bhutto in 1995.

Major General (retd) Zaheerul Islam Abbasi, his wife Shahida Zaheer, Brigadier (retd) Mustansir Billah and Colonel (retd) Inayatullah Khan had moved the review pleas against convictions.

A three-judge bench headed by Chief Justice Iftikhar Mohammad Chaudhry dismissed the pleas when upon the court’s queries the counsel for Maj-Gen (retd) Abbasi agreed not to press his contentions. The court told Advocate Habib Wahabul Khairi to indicate how his client was aggrieved by the court’s order.

The bench indicated that the plea had become infructutous as his client had already completed the jail term.

The court advised the counsel to approach the proper forum over stoppage of pension of his client.

During previous hearings, the bench had issued notices to legal heirs and respondents on a separate plea of Maj-Gen (retd) Abbasi over stoppage of his pension and confiscation of property.

His counsel had told the bench that his client died and his appeal was moved against the court martial in the Supreme Court, but it had never been taken up for hearing in the past 15 years.

He contended that Maj-Gen Abassi’s assets had been confiscated contrary to relevant army rules.

The Supreme Court had earlier rejected the appeal of Maj-Gen (retd) Abbasi which was moved in 1997 when he was awarded a seven-year jail term by the FGCM.

The appeal was dismissed on the ground that it was outside the purview of civilian courts.

On an appeal by Colonel (retd) Inayatullah Khan, the apex court issued a notice to the attorney general for rendering assistance.

Maj-Gen (retd) Abbasi, Brig Mustansir Billah, two colonels and about 38 other military officers were arrested on Sept 26, 1995, on charges of plotting to storm a meeting of corps commanders scheduled to be held on Sept 30 at the general headquarters in Rawalpindi.

The alleged plan included assassination of then prime minister Benazir Bhutto and army chief Gen Abdul Waheed Kakar, senior cabinet ministers and military chiefs, besides proclamation of the Islamic system of Khilafat with Maj-Gen Abbasi as amir.

Qari Saifullah Akhtar, one of the conspirators and chief of his breakaway faction called Harkat-ul-Jihad al Islami, later turned an ‘approver’ and spilled the beans.

On his evidence, the FGCM awarded a seven-year imprisonment to Maj-Gen (retd) Abbasi and a 14-year jail term to Brig Mustansir Billah when a large cache of arms and military uniforms were confiscated.—APP

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