ISLAMABAD:
After a lapse of 15 years, the Supreme Court has once again taken up a high-profile case which may now involve the president and chief of army staff.
A three-judge bench of the apex court, headed by Chief Justice Iftikhar Muhammad Chaudhry, has issued a notice to the legal heirs of the late Maj-Gen (retd) Zaheerul Islam Abbasi (who had previously filed an appeal against his court martial) and other parties concerned in the case.
The review petition was filed by three officials – Maj Gen (retd) Abbasi, Brig Mustansur Billah and Col Azad Minhas – against their court martial by the Pakistan Army. Abbasi, Billah, two colonels and 38 other military officers were arrested on Sept 26, 1995 on charges of plotting to assassinate corps commanders during a meeting to be held on Sept 30 at the GHQ.
They had also allegedly plotted to proclaim caliphate with Abbasi as Amirul Momeneen (Leader of the Faithful) after assassinating then prime minister Benazir Bhutto and then army chief Gen Abdul Waheed Kakkar, as well as senior cabinet ministers and senior military officers.
The Supreme Court had rejected Abbasi’s appeal filed in 1997 against the seven-year jail term awarded to him by the Field General Court Marshal (FGCM). The court had observed that the matter was outside the purview of civilian courts.
During Monday’s hearing, Maj-Gen (retd) Abbasi’s counsel Habib Wahabul Khairi told the court that his client had been accused of attempting to overthrow the government, which had prompted the army to court martial him.
Over the years, Abbasi’s assets were also confiscated, which was a violation of army regulations, the counsel argued. He requested on behalf of Abbasi’s widow that the court order his assets be returned.
After hearing the counsel’s arguments, the court issued a notice to the parties concerned. In the petition, the respondents included the president and the chief of army staff – referred to merely by their designation and not by their names.
Published in The Express Tribune, August 14th, 2012.
COMMENTS (9)
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Implement the 60 days law and those judges found guilty of procrastination be duly punished by sacking or suspension or demotion and fined five year's salary. High time somebody questioned the lower down judges. Either implement this 60 days law "Illegal Dispossion Act 2005, No: 11/2005. Public Gazetted 2005 or scarp it. Don't fool people. I hope Honorable CJ Sahab is reading Tribune.
This judiciary has knack for wasting its own and nations time in futile matters. Why can't he give time to the general public and toiling masses cases? Can some one guide him for the better?
Our SC wasting time and public funds for unnesessary cases. OH GOD help us.
Islamists will be exonerated for the crimes committed by them. Afterall they were trying to do what PCO judges are trying to do now i.e. overthrowing an elected government of PPP through unconstitutional means.
What about some treason charges against those judges who were involved in breaking constitution and endorsed treason hand in hand? Your Honor, have you found any morality or Islamic justice in this treason of our revered judges. Where is that 'Islam" you talked that no one is above the law!!!
Has the supreme court of Pakistan listened to all the cases which deal with citizens of this state. It is just the wastage of time. Only God knows best the reason of wastage of time by the Apex court.
Wow... the near-misses Pakistan has had!
Why go back in 95? why Not in THIS very tenure of PPP? Why not Kiyani Why not Pasha?
Wasting further time of the court who should give speedy justice to people's issues. CJ Sahab go and see in all courts how many cases are pending for so long even cases who have to be dispensed with as per law in 60 days. Why dont you do something about relieving the common Pakistani of the burden of court cases. It is helping the culprits or the usurpers and illegal doers. Please do something CJ sahab I beg of you. Even a good like the 60 days is taking years unnecessarily. That will bring confidence back on the judiciary your honor.