On Friday, a division bench of the SHC, comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch, adjourned the hearing of the petition filed by Gulshan, a sepoy in Qasim Rangers.
Citing the Pakistan Rangers Director-General, Colonel Commandant of Qasim Wing, Rangers Field Intelligence Security and Interior Secretary as respondents, Gulshan said that he was first arrested in a false case of possessing and selling illegal weapons. He was tried and sentenced for a year and dismissed from the Rangers in April 2006. He maintained that the entire proceedings against him were without referring to the Pakistan Army Act and thus neglected the due process of law. His dismissal was in violation of Section 15 (a) of the Pakistan Rangers Ordinance, 1959 and of his fundamental rights.
The petitioner maintained that he was falsely implicated by the respondent field security and the weapon he was accused of possessing illegally was bought by him after he had obtained a licence. He had given the weapon to a repairman, Islam.
Deputy Attorney General Ashique Raza, representing the federal government, questioned the maintainability of the petition because these cases should be heard by the Federal Services Tribunal, which is the appropriate forum for service matters. Gulshan replied that he was kept in illegal confinement for eight months at a stretch and so he had been unable to file the case before the services tribunal.
A constitutional petition was the only remedy available to him under his circumstances. As the period of detention claimed by the petitioner was disputed by the state counsel, the bench allowed the DAG time to find the records of the exact period of detention. Hearing was then adjourned till March 1.
Published in The Express Tribune, February 12th, 2011.
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