Links with HuT: Ex-majors request high court to set them free

Claim they have already served their sentences.

RAWALPINDI:

The Lahore High Court’s (LHC) Rawalpindi bench, on Tuesday, reserved its verdict on petitions of two ex-majors convicted for connections with the banned Hizbut Tahrir, who requested their release from prison.

Justice Rauf Ahmed Sheikh and Justice Chaudhry Muhammad Younas of the LHC’s Rawalpindi bench heard the petitions filed by former majors of the of Pakistan Army, Iftikhar Ahmed and Inayat Aziz who maintained that they should be released from prison since they had already served their sentences.

Sharing the details of the petitions Inamur Raheem told The Express Tribune that in June 201,1 the two convicts along with two other majors and Brig. Ali Khan were taken into custody by military authorities. They were subsequently tried for their links with HuT for trying to induce their colleagues to join the proscribed organisation.

In August last year, the field general court marshal had convicted Brig. Ali and sentenced him to five years’ imprisonment. Maj. Inayat Aziz and Maj. Iftikhar were sentenced for 18 months, Maj. Sohail Akbar for three years and Maj. Jawad Baseer for two years.

Under the criminal procedure code (CrPC), the period of detention before conviction is included in the imprisonment imposed by the trial court, the lawyer said.

“It has almost been 20 months since the two petitioners were arrested and they should be released after getting the benefit given in Section 382 b of CrPC as they were sentenced to 18 months in jail,” he maintained.

Adiala Jail superintendent in his comments has argued that according to rulings of the superior courts those convicted by military courts were not to get any benefit under the CrPC.

Raheem, however, argued that in 2010 Federal Shariat Court had ruled that it was unjust not to provide the benefit of Section 382 b of the CrPC to military convicts.

Published in The Express Tribune, January 30^th, 2013.