Musharraf attack case: Conversion of civilians’ jail term to death questioned
The bench observed the sentences of both the convicts were extended by the army court of appeal.
File photo of Chief Justice Iftikhar Muhammad Chaudhry PHOTO: FILE
RAWALPINDI:
The Supreme Court on Thursday raised questions over the procedure adopted by the military authorities to extend the sentence of two civilians convicted by the army court for their role in a suicide attack on Pervez Musharraf.
“It is against all principles of justice and fair trial to convert a life term into death penalty by an army court of appeal without informing the convicts and adhering to the relevant procedure laid down in the law,” remarked Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry.
A three-judge bench on Thursday reserved their judgment on the review petition filed by the two civilian convicts, Rana Naveed and Ameer Sohail. The two were convicted by a field general court marshal (FGCM) and sentenced to a life term sentence and 20-years jail, respectively.
Hearing the petition the bench observed the sentences of both the convicts were extended by the army court of appeal.
The chief justice questioned defence ministry’s counsel, Advocate Mujeeb ur Rehman, whether the army court had followed the correct procedure for the hearing. “Were the convicts informed that their sentence was going to be enhanced and when the order was made, were the convicts present before the court or not,” he asked.
The defence ministry lawyer could not satisfy the bench’s queries regarding the issue since the records presented did not specify whether the convicts were present before the appellant court when their sentence was extended.
The bench, also consisting of Justice Ijaz Afzal and Justice Sheikh Azmat Saeed, then tried to determine whether Naveed’s appeal was filed within 40 days of the conviction. Under the law an appeal can only be heard by an upper court if the appeal is filed within 40 days after the sentence.
After a detailed argument the counsel of the defence ministry agreed that the appeal was filed after the given time, which is the date of the announcement and not the promulgation.
The two men along with six others were tried and convicted by the army court for their involvement in the twin suicide attacks on the official convoy of ex-president Musharraf on December 25 in 2003 when 15 civilians were killed near Jhanda Chichi.
The top court had earlier refused to take up the petition citing that the court was barred under Article 199(3) to decide case involving the army.
Upon hearing the review the bench observed that despite the bar SC could examine whether the due procedure of law was construed under article 4 of the constitution which asks for treatment strictly in accordance with the state law.
Published in The Express Tribune, March 1st, 2013.
The Supreme Court on Thursday raised questions over the procedure adopted by the military authorities to extend the sentence of two civilians convicted by the army court for their role in a suicide attack on Pervez Musharraf.
“It is against all principles of justice and fair trial to convert a life term into death penalty by an army court of appeal without informing the convicts and adhering to the relevant procedure laid down in the law,” remarked Chief Justice of Pakistan Justice Iftikhar Muhammad Chaudhry.
A three-judge bench on Thursday reserved their judgment on the review petition filed by the two civilian convicts, Rana Naveed and Ameer Sohail. The two were convicted by a field general court marshal (FGCM) and sentenced to a life term sentence and 20-years jail, respectively.
Hearing the petition the bench observed the sentences of both the convicts were extended by the army court of appeal.
The chief justice questioned defence ministry’s counsel, Advocate Mujeeb ur Rehman, whether the army court had followed the correct procedure for the hearing. “Were the convicts informed that their sentence was going to be enhanced and when the order was made, were the convicts present before the court or not,” he asked.
The defence ministry lawyer could not satisfy the bench’s queries regarding the issue since the records presented did not specify whether the convicts were present before the appellant court when their sentence was extended.
The bench, also consisting of Justice Ijaz Afzal and Justice Sheikh Azmat Saeed, then tried to determine whether Naveed’s appeal was filed within 40 days of the conviction. Under the law an appeal can only be heard by an upper court if the appeal is filed within 40 days after the sentence.
After a detailed argument the counsel of the defence ministry agreed that the appeal was filed after the given time, which is the date of the announcement and not the promulgation.
The two men along with six others were tried and convicted by the army court for their involvement in the twin suicide attacks on the official convoy of ex-president Musharraf on December 25 in 2003 when 15 civilians were killed near Jhanda Chichi.
The top court had earlier refused to take up the petition citing that the court was barred under Article 199(3) to decide case involving the army.
Upon hearing the review the bench observed that despite the bar SC could examine whether the due procedure of law was construed under article 4 of the constitution which asks for treatment strictly in accordance with the state law.
Published in The Express Tribune, March 1st, 2013.