Court martial: Ex-military man challenges death sentence

LHC seeks record of his conviction by a military court

LAHORE: The Lahore High Court on Wednesday issued a notice to the additional attorney general on a petition challenging the death sentence of an ex-military man through a court martial.

The petitioner said the sentence was unfair and based on a forced confession.

A division bench of the LHC directed the additional attorney general to ensure the presence of the record of the trial and its appeal on the next date of hearing during the first week of February, the counsel for the petitioner told The Express Tribune.

The AAG submitted before the court that he could not produce the record of the case as approval of the chief of army staff was necessary in this regard. To this, the judge heading the bench asked him to ensure the record is presented after fulfilling all necessary formalities.

The court issued this order on the petition of ex-havaldar Niaz Ahmad. Through his counsel advocate Rana Naveed Ashiq, he submitted that he and his co-accused operator of the communication unit, Majid Wazir, were tried under section 59 of the Pakistan Army Act by a field general court martial. It sentenced him to death and life imprisonment to his co-accused on July 01, 2015 over allegations of killing one of their colleagues Abdul Rehman at Kortana Post Sheikhupura.

He said the sentence was confirmed by commanding the officer on August 20, 2015. The accused filed an appeal before judge advocate general which was rejected on June 21, 2016.

In his petition, the accused maintained he did not commit the murder. He also claimed that during interrogation, he was severely tortured by Major Adnan and Major Altaf and was compelled to confess to committing sodomy with Majid Wazir and killing Abdul Rehman for seeing them in a compromising position with the co-accused.

In his petition, he termed the charges against him as baseless, saying that no medical test was conducted to prove sodomy was committed. He said he confessed just to avoid torture by the interrogators.

He said he was 46-years-old and unable to bear the brutality of the army officials. He also alleged that the investigating army officials assured him and the co-accused that they would be reinstated to service if they confessed.

The petitioner said only three months were left till his retirement from the service and he could not take risk of losing his service and retirement benefits.

During his trial, he added, 13 witnesses appeared before the court who gave statements about his innocence, character, morality and loyalty. In a letter received by Niaz’s wife, the accused was informed that he was sentenced to life imprisonment but later on July 01, 2015 he was sentenced to death, the counsel said.

The accused submitted he was legally entitled to get the copy of the order of his conviction, but he was never given the same. He said he wanted to engage his own advocate to defend him but one advocate of captain rank, with no experience, was his representatives and that too without his consent.

Niaz, through his counsel, further submitted all proceedings conducted in the case were based on mala fide intentions and in violation of articles 10 and 10-A of the Constitution which give rights of a fair trial.

He requested the court order his acquittal him after declaring his conviction as null and void. He also sought directions of the court for his reinstatement and restoration of all the fringe benefits of his service.

Published in The Express Tribune, January 26^th, 2017.