Anti-Terrorism Act: Convict challenges military trial

Petitioner ‘swore’ allegiance to a group that wanted to pursue Caliphate rule.

KARACHI:

A temporary employee of the Pakistan Air Force has challenged the ability of a military court to try him under the Anti-Terrorism Act.

Muhammad Imtiaz, who joined the PAF after training at the School of Aeronautics, filed a constitutional petition to challenge the powers of a PAF Field General Court Martial to try someone under Section 21 of the Anti-Terrorism Act (ATA 1997).

Imtiaz said he was arrested on July 24, 2004 by the PAF police and was put on trial in October that year. A court martial was convened and he was charged on three counts. The first charge was under Section 65 of the PAF Act, 1953, the second under Section 71 of the PAF Act and the third was under Section 21-C of the ATA, 1997. He was found guilty of two charges — the first and the last — and was sentenced to life.

The petitioner allegedly swore an oath of allegiance to an ameer or leader of a group that wanted to pursue Caliphate rule in Pakistan. This happened at a meeting at Korangi Creek. Imtiaz also allegedly trained in handling arms at Balakot without the approval of the PAF authorities, thus violating air force discipline.

Imtiaz argued that he has been behind bars since 2004 and thus, has served a substantial part of his sentence. He maintains that under the Anti-Terrorism Act of 1997, only an anti-terrorism court could try him. Thus, he argued, his trial and conviction by the court martial under the ATA was a mistrial and null and void.

On April 28, when the petition came up for hearing with an urgency application, the bench noted that the office of the court had wrongly fixed it. Ordering a probe into the neglect, the bench adjourned the hearing and directed the office to re-fix the matter for hearing after ten days.

Published in The Express Tribune, April 30^th, 2011.