Defence minister had on March 21 lodged an FIR, under Section 346, against army officials including Naib Subedar Amanullah Baig for allegedly removing 35 undeclared inmates from an internment centre in Malakand. PHOTO: AFP/FILE
ISLAMABAD: The Supreme Court heard on Wednesday that owing to an overlap of jurisdiction, the Khyber-Pakhtunkhwa administration had closed a case against army officials allegedly involved in the illegal removal of 35 undeclared inmates from an internment centre in Malakand two years ago, before transferring it to relevant military authorities for prosecution.
Deputy Attorney General (DAG) for Pakistan Waqas Dar submitted the defence ministry’s one page report before the three judge bench of the apex court, headed by Justice Jawwad S Khawaja, stating that the case has been shifted to army authorities for further investigation and subsequent trail under the Pakistan Army Act of 1952.
The defence minister had on March 21 lodged an FIR, under Section 346, against army officials including Naib Subedar Amanullah Baig for allegedly removing 35 undeclared inmates from an internment centre in Malakand.
The defence ministry in its report stated that “the person accused in the 35 missing persons case is a serving Army personnel and is subject to Pakistan Army Act 1952, therefore, being a case of concurrent jurisdiction, the competent military authority under section 94 of Pakistan Army Act, section 549 of the criminal procedure code and rule cognizance of the said case and decided that accused person’s case be dealt with under Pakistan Army Act”
The DCO Malakand was then reportedly approached to close the criminal case registered against Naib Subedar Baig and other officers. Subsequently, the DCO closed the matter in Levy Post Malakand and transferred it to the relevant army authorities for investigation and subsequent trail under Pakistan Army Act 1952.
The report further stated that an inquiry has already been ordered on March 10, 2014 to determine the facts in the case, adding that action will be taken against the accused based on that investigation and progress will be communicated for the police record under Rule 374 of the Army Regulations.
Earlier, during the hearing, Additional Advocate General K-P requested the bench to give sometime for filing a comprehensive reply regarding the trail of accused officials in view of defence minister’s FIR.
On learning that the case has been transferred, the bench asked the AAG of his stance.
“What is your stance now and whether it is not the prerogative of civilian authority to accept the army’s request or not”, Justice Jawwad asked.
When the DAG submitted that army has made a request through proper channel, Justice Jawwad expressed his annoyance over it and asked why was the military authorities' request accepted by DCO Malakand. The court further said they will ask the AGP to assist in this matter.
The bench, while adjourning the hearing for a week, said in the event law does not permit transferring the case to the military, they will deliver a judgment in this regard.
COMMENTS (3)
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What a -- -- decision by what a --- -- court? An Internationally known as "The Most Corrupt Court of the World", where one starts paying bribe as soon as he enters the compound of any one court in Pakistan. We would request Army officer never to handle any terrorist or criminal, as the terrorists would be released by our courts and the officers would be hanged for apprehending them. Well done keep it up?
And just like NLC case GHQ will sit on it and nothing will happen.
Might is right in Pakistan and we all know who has the might here.