Espionage charges: Nehal Ansari not entitled to Section 382-B of CrPC, PHC told

He was picked up by security agencies from Kohat and was sentenced to three years in prison

PESHAWAR: The federal government on Wednesday told the Peshawar High Court Indian national Nehal Ansari was not entitled to section 382-B and his imprisonment sentence started from the day it was awarded.

The government in its comments said the issue has been dealt with statutory provision of  the Pakistan Army act rules.

When the hearing commenced, Deputy Attorney General Manzoor Khalil appeared before a division bench headed by Chief Justice Mazhar Alam Khan Miankhel and adopted the petitioner was arrested on charges of espionage and sentenced as per the law.

He said he was sentenced by the field general court martial and his appeal at the Army Court of Appeal was also dismissed. The federal government in its comments adopted decision of Court of Appeal was final and shall not be called in question before any court or other authority whatsoever.



The federal government in its comment said the petitioner was dealt as per law and keeping in view the final verdict of the court he was not entitled to benefit from section 382-B. He said that field general court martial signed the judgment on December 17, 2015, therefore his period in jail before awarding of the three years sentence could not be considered.

The bench also enquired if jail rules would be applicable on a prisoner when he was transferred to jail or he would be treated under special laws. The bench directed the government to inform the court if he would be treated under jail laws or special laws would be applied and adjourned the case till next hearing.

Earlier, petitioner’s counsel Qazi Muhammad Anwar told the court Ansari was picked up by security agencies from Palwasha Hotel in Kohat district. He said Ansari was sentenced to three years in jail on February 10, 2016, but also given the benefit of section 382-B of the Code of Criminal Procedure (CrPC), which if considered, will reveal that he has completed his sentence.

“He was arrested in 2012 and if given benefit of Section 382-B, his jail sentence is considered complete and he should be released,” Anwar said.

Published in The Express Tribune, June 16^th, 2016.