LHC adjudicates plea on Shuhada list

The Lahore High Court (LHC) has asked the defence secretary to decide the matter regarding the inclusion of a military man in the Shuhada list as he died on duty due to the negligence of a federal government employee who (inadvertently) gave him wrong medicine.

"A copy of this writ petition along with all the annexures be remitted to Respondent No 1 (defence secretary) who will consider it as a representation of the petitioner and decide the issue in hand after providing proper hearing to all concerned including the petitioner, strictly in accordance with relevant provisions of the rules and any other law applicable thereto, through a speaking order, within four weeks from the receipt of certified copy of this order," said a written order passed by Justice Jawad Hassan of the LHC Rawalpindi Bench while deciding the writ petition filed by the brother of the army man.

According to the order, when the bench confronted how the writ was maintainable because no direction could be issued by this court to the concerned hierarchy of Pakistan Army under Article 199(3) read with the provisions of Article 245(3) of the Constitution as all the applications appended by the petitioner with this petition, are addressed to the chief of army staff, General Headquarters, Rawalpindi/respondent No 2 and under the federal Rules of Business, 1973 the relevant forum was the Defence Division, the counsel for petitioner failed to answer this query.

However, he, while referring to last year’s LHC judgment submitted that the federal government established under Article 90 of the Constitution with the Executive Power under Article 97 of the Constitution read with the rules made under Article 99 of the Constitution and Respondent No 1/secretary, Ministry of Defence, Rawalpindi could deal with such matters under Schedule-II (Clause 7(8)) of the rules regarding welfare of the ex-servicemen.

He then contended that the petitioner would be satisfied if the matter be referred to the defence secretary with a direction to decide the same in accordance with the law, within a reasonable period of time.

The law officer had no objection to the course of action.