Musharraf attack: Army court’s extra punishment overruled

Convicts were not even told their sentences were being enhanced.

ISLAMABAD:

The Supreme Court declared unlawful an army court of appeal’s conversion of a life term into a death sentence for two civilians convicted for involvement in an attack on former president Pervez Musharraf.  

“The sentence of the convicts, Rana Naveed and Ameer Sohail, was enhanced from life imprisonment to death sentence unlawfully as the convicts did not file any appeal against the verdict of the Field General Court Marshal in 2005,” the court observed in its written order announced on Wednesday.

Chief Justice Iftikhar Muhammad Chaudhry, Justice Ejaz Afzal and Justice Sheikh Azmat Saeed were hearing a review petition filed by the two convicts.

The bench observed that the defence ministry’s lawyer had conceded that the appeals were filed at a later stage, after the stipulated period of 40 days.

The two men had asked for a review of the Supreme Court 2006 judgment, which declared that the judiciary had no role in cases involving army trials and army laws.

“Enhancement of the sentence could not have been made in a vacuum. [It] is essentially against the principle of natural justice enshrined in the maxim audi alteram partem and Articles 4 and 9 of the Constitution,” the judgment further stated. Audi alteram partem is Latin for the saying that no person shall be condemned or punished by a court without having been heard.

The bench observed that a fair trial was a basic right and the military court of appeals, without adhering to the relevant laws, had enhanced the sentence even though there were no appeals before the court.

Furthermore, the apex court observed that the two convicts were not issued any notices informing them that their sentences were being enhanced.

Published in The Express Tribune, March 7^th, 2013.