GHQ attack case: LHC restrains army from hearing convicts’ appeals

Defence lawyers argue they must be allowed access to trial documents before they appeal.

RAWALPINDI: The Lahore High Court has restrained military authorities from constituting a court to take up appeals of seven men convicted in the General Headquarters attack till November.

Justice Abdul Waheed Khan of the LHC’s Rawalpindi bench accepted the defence lawyers’ arguments to first allow them access to trial documents before they appeal on behalf of their clients (the attack’s mastermind Aqeel Ahmed alias Dr Usman and Wajid Mehmood), in a military court.

Ahmed’s counsel Tariq Asad argued that the court of appeal cannot proceed till defendants are provided with trial documents to the August 11 verdict of the field general court marshal (FGCM).

The lawyers informed the court that they have written to the army chief, requesting access to the documents which has been refused. The petitioners fear that military authorities will hear their appeals without providing them the requisite documents. Defence lawyers argued that the Federal Shariat Court had declared that the army chief’s discretion to refuse to disclose trial proceedings was prohibited in Islam. They contended that it was against the fundamental rights of citizens to hinder the course of natural justice.

Judge advocate-general had informed the high court that trial documents could not be given to the convicted men under the law. Their lawyers could study them, however, to prepare their defence.

Military authorities had charged Ahmed, Imran Siddiqi, Muhammad Khaliqur Rehman, Muhammad Usman, Mehmood, Muhammad Adnan and Muhammad Tahir Shafique with crimes ranging from desertion, murder, taking hostages to terrorism and attacking the armed forces on October 10, 2009. The FGCM has sentenced Imran, Khaliq and Usman for life, while two others were imprisoned for 10 years.

Published in The Express Tribune, October 18^th, 2011.