Court proceedings: ‘Brig Ali’s retirement notice held back’
This was done to try him under army act, army authorities tell LHC; convict’s lawyer calls the notification defective.
RAWALPINDI:
The retirement notification of Brig. Ali Khan, convicted for his links with Hizbut Tahrir (HuT), was held in abeyance to try him under the Pakistan Army Act, the military authorities informed the Lahore High Court on Monday.
The notification (in question) dated January 10, 2012 is defective, shot back the lawyer of the convicted military officer. He explained that Brig Ali was arrested in May last year and the field general court marshal (FDCM) was informed verbally in July 2011 that the retirement of Brig Ali had been put off.
Justice Sagheer Ahmed Qadri of LHC’s Rawalpindi bench, however, observed that the petition seeking the notification would be heard along with another petition challenging Brig. Ali’s trial’s legality under the PAA after his retirement.
Arguing before the court, Advocate Colonel (retd) Inamur Raheem who was representing Brig Ali, argued that the legality of the case can be challenged on the pretext that a retired army officer could not be charged under military laws.
Brig. Ali retired on July 10 last year after completing his service but was not put on the list of reserved army officers owing to a heart illness.
During the trial, the prosecution informed the court verbally that Brig. Ali’s retirement order was held in abeyance to try him for his alleged links with HuT.
Raheem argued that if the notification submitted in the high court by Judge Adjutant General (JAG) branch of the General Headquarters was issued on January 10, 2012, the status of Brig Ali being subject to PAA would remain doubtful from July last year to January this year.
While talking to The Express Tribune, Raheem said the petition challenging the legality of the trial was still pending as the FGCM convicted Brig Ali and four majors on August 3 and punished them with imprisonment.
Meanwhile Justice Shahid Hameed Dar of LHC’s Rawalpindi bench issued notices to Superintendent Adiala Jail on a fresh petition filed by Brig Ali, and other ex-majors namely, Jawad Baseer resident of Kohat, Iftikhar Ahmed resident of Abbotabad, Inayat Aziz resident of Lahore and Sohail Akbar resident of Islamabad. The petitioners have sought better facilities in jail as they are held in class C jails, despite the fact they belong to the army.
Published in The Express Tribune, October 23rd, 2012.
The retirement notification of Brig. Ali Khan, convicted for his links with Hizbut Tahrir (HuT), was held in abeyance to try him under the Pakistan Army Act, the military authorities informed the Lahore High Court on Monday.
The notification (in question) dated January 10, 2012 is defective, shot back the lawyer of the convicted military officer. He explained that Brig Ali was arrested in May last year and the field general court marshal (FDCM) was informed verbally in July 2011 that the retirement of Brig Ali had been put off.
Justice Sagheer Ahmed Qadri of LHC’s Rawalpindi bench, however, observed that the petition seeking the notification would be heard along with another petition challenging Brig. Ali’s trial’s legality under the PAA after his retirement.
Arguing before the court, Advocate Colonel (retd) Inamur Raheem who was representing Brig Ali, argued that the legality of the case can be challenged on the pretext that a retired army officer could not be charged under military laws.
Brig. Ali retired on July 10 last year after completing his service but was not put on the list of reserved army officers owing to a heart illness.
During the trial, the prosecution informed the court verbally that Brig. Ali’s retirement order was held in abeyance to try him for his alleged links with HuT.
Raheem argued that if the notification submitted in the high court by Judge Adjutant General (JAG) branch of the General Headquarters was issued on January 10, 2012, the status of Brig Ali being subject to PAA would remain doubtful from July last year to January this year.
While talking to The Express Tribune, Raheem said the petition challenging the legality of the trial was still pending as the FGCM convicted Brig Ali and four majors on August 3 and punished them with imprisonment.
Meanwhile Justice Shahid Hameed Dar of LHC’s Rawalpindi bench issued notices to Superintendent Adiala Jail on a fresh petition filed by Brig Ali, and other ex-majors namely, Jawad Baseer resident of Kohat, Iftikhar Ahmed resident of Abbotabad, Inayat Aziz resident of Lahore and Sohail Akbar resident of Islamabad. The petitioners have sought better facilities in jail as they are held in class C jails, despite the fact they belong to the army.
Published in The Express Tribune, October 23rd, 2012.