Four former army officers, convicted by a court-martial for having links with a banned organisation, petitioned the Lahore High Court (LHC) to get copies of the charges levelled against them.
The former majors — Jawad Baseer, Iftikhar Ahmed, Inayat Aziz and Sohail Akbar — filed identical petitions with the LHC Rawalpindi Bench on Wednesday, asking the court to provide them with copies of the investigation report, a summary of evidence with charge sheet, the convening order and committal warrants.
The petitioners, making the defence secretary and Judge Advocate General (JAG) as respondents, said they had requested the JAG to provide the documents on September 15, but their request was denied through a letter on Sept 19.
They claimed they were tried and convicted without being informed about their offence and urged the court to stop military authorities from taking action against them before hearing their appeals.
Under Section 130 of the Pakistan Army Act, military authorities are empowered to deny the documents considered to be prejudicial to the safety and interests of the state. The petitioners, however, claim they have a right to a “fair” trial under the constitution, which is impossible without having necessary documents.
The ex-army officers along with Ali Khan, a former brigadier, were convicted on August 3 for having links with Hizbut Tahrir, which propagates revolt against military authorities and other high-profile government officials.
Baseer was serving at 115 Brigade Headquarters Sialkot when he was arrested on May 16, 2011, while Akbar, who had served in Siachin, was attached with Station Headquarters Rawalpindi when he was held the next day.
Ahmed was undergoing an intelligence course at Military School of Intelligence in Murree when he was held on May 29, while Aziz was serving at 104 Brigade Headquarters Wardak when he was nabbed on June 1, 2011. The military court sentenced Akbar to three years in prison, Baseer to two years, and Aziz and Ahmed to 18 months each. All four were dismissed from service as well.
It was in September and later in December last year that they were allowed to see their families. LHC will take up the petition on Thursday (today).
Published in The Express Tribune, September 27th, 2012.
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