SC rejects request to transfer army officer case
The bench accepted AAGP Shah Khawar’s request for time and adjourned the hearing until March 10.
The court has directed the accused, Major Ali Ahsan, to join the police investigation in this matter in view of its August 13, 2013 order. PHOTO: AFP/FILE
ISLAMABAD:
The Supreme Court rejected on Wednesday a defence ministry plea to transfer the case of an army officer allegedly involved in the disappearance of a person from the police to a military court for his trial under the Army Act 1952.
A two-judge bench, headed by Justice Nasirul Mulk, heard the application of a woman, Abida Malik, whose husband, Tasif Ali, went missing on November 23, 2011 from the Sadiqabad police precincts in Rawalpindi.
The court has directed the accused, Major Ali Ahsan, to join the police investigation in this matter in view of its August 13, 2013 order.
Abida had reported to the police that her husband went missing after he had exchanged harsh words with Major Haider of the Military Intelligence (MI) over telephone.
Abdul Qadir Qayyum, DIG Investigation of Punjab police who is especially appointed for investigation of this case, revealed that the original name of the accused is Major Muhammad Ali Ahsan.
During the hearing on Wednesday, Additional Attorney General for Pakistan (AAGP) Shah Khawar told the bench that the defence ministry on behalf of the MI submitted a letter to the DIG investigation of Punjab police that the army wanted to proceed against the accused officer under the Army Act; therefore, his case should be transferred from the police department.
“In order to comply with the orders of the Supreme Court, the competent authority has decided to take over the case from your department. In this case, your attention is drawn to Pakistan Army Act section 94, read in conjunction with Army Regulation (Rules) 373,” says the defence ministry’s letter.
According to the letter, the MI has also asked the police to transfer the case file to the military headquarters for trial under the Army Act.
The counsel for MI, Ibrahim Satti stated that they are fully cooperating in the investigation. “It is not your [MI] job but also the police’s to investigate the matter,” Justice Azmat Saeed Sheikh told the MI counsel.
Counsel for the applicant Inamur Raheem contended that the police could investigate the army officer in any matter under the Army Rules and Instruction (ARI) 330.
The bench accepted AAGP Shah Khawar’s request for time and adjourned the hearing until March 10.
On the request of the applicant’s counsel, the court has decided to take up the contempt petition against Defence Secretary Lt Gen (retd) Asif Yasin, former army chief General Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood, and GHQ Military Secretary Lt Gen Mazhar Jameel on next date of hearing (March 10).
Published in The Express Tribune, February 27th, 2014.
The Supreme Court rejected on Wednesday a defence ministry plea to transfer the case of an army officer allegedly involved in the disappearance of a person from the police to a military court for his trial under the Army Act 1952.
A two-judge bench, headed by Justice Nasirul Mulk, heard the application of a woman, Abida Malik, whose husband, Tasif Ali, went missing on November 23, 2011 from the Sadiqabad police precincts in Rawalpindi.
The court has directed the accused, Major Ali Ahsan, to join the police investigation in this matter in view of its August 13, 2013 order.
Abida had reported to the police that her husband went missing after he had exchanged harsh words with Major Haider of the Military Intelligence (MI) over telephone.
Abdul Qadir Qayyum, DIG Investigation of Punjab police who is especially appointed for investigation of this case, revealed that the original name of the accused is Major Muhammad Ali Ahsan.
During the hearing on Wednesday, Additional Attorney General for Pakistan (AAGP) Shah Khawar told the bench that the defence ministry on behalf of the MI submitted a letter to the DIG investigation of Punjab police that the army wanted to proceed against the accused officer under the Army Act; therefore, his case should be transferred from the police department.
“In order to comply with the orders of the Supreme Court, the competent authority has decided to take over the case from your department. In this case, your attention is drawn to Pakistan Army Act section 94, read in conjunction with Army Regulation (Rules) 373,” says the defence ministry’s letter.
According to the letter, the MI has also asked the police to transfer the case file to the military headquarters for trial under the Army Act.
The counsel for MI, Ibrahim Satti stated that they are fully cooperating in the investigation. “It is not your [MI] job but also the police’s to investigate the matter,” Justice Azmat Saeed Sheikh told the MI counsel.
Counsel for the applicant Inamur Raheem contended that the police could investigate the army officer in any matter under the Army Rules and Instruction (ARI) 330.
The bench accepted AAGP Shah Khawar’s request for time and adjourned the hearing until March 10.
On the request of the applicant’s counsel, the court has decided to take up the contempt petition against Defence Secretary Lt Gen (retd) Asif Yasin, former army chief General Ashfaq Parvez Kayani, Chief of General Staff Lt Gen Rashid Mehmood, and GHQ Military Secretary Lt Gen Mazhar Jameel on next date of hearing (March 10).
Published in The Express Tribune, February 27th, 2014.