Missing persons’ case: Army officials can be tried, court told
SC reiterates question of an appropriate forum for trial .
A file photo of Supreme Court of Pakistan. PHOTO: AFP
ISLAMABAD:
Citing army regulations, Attorney General of Pakistan Salman Aslam Butt told the Supreme Court on Thursday that an FIR could be registered against serving army officials.
He made this statement to a three-member bench hearing the case of 35 prisoners who went missing from an army internment centre in Malakand. The bench, headed by Justice Jawwad S Khawaja and comprising Justice Gulzar Ahmad and Justice Athar Saeed, had earlier raised questions about the trial of army officials and asked the AGP and provincial advocate general (K-P) to assist it in this regard.
As the apex court acknowledged that criminal proceedings can be brought against serving army officers, it again deliberated upon the larger question of what an appropriate forum for such a trial would be – an ordinary criminal forum (civil court) or a military court.
Justice Gulzar Ahmad said that there should be some rules regarding the transfer of a case to a military court, adding that the magistrate should apply his mind in the transfer of such cases.
Justice Jawwad noted that it is time to evolve principles on this issue. He also asked what the forum to file an appeal would be if the trial was initiated in a military court.
It also asked whether an ordinary criminal court is bound to accede to the request made by Pakistan Army or is it the discretion of the civil court to determine whether it should accept the military plea about case transfer or not.
The bench also questioned that if the ordinary criminal court exercises its discretion in the matter then what would be the reasons to accept or decline the request of military authority.
During the hearing, Advocate General K-P Latif Yousufzai said that the military trial of these officials is near conclusion as statements of witnesses have already been recorded.
Justice Gulzar, however, stated that if the court declared the transfer of this case as illegal then all the court martial proceedings would be ineffective.
Justice Khawaja also asked how a province would respond over such a request and how they could surrender their authority in this regard.
He also said that provinces should have ascertained their rights and there should be a formal follow-up after the transfer of the case.
He said that the case is ongoing since August 5, 2013 and the court had passed a number of orders regarding the recovery of 35 ‘missing’ persons.
The bench lamented that the federal and provincial authorities did not comply with its orders in this case. It added that during the pendency of this matter, out of 35, 14 missing persons were presented before the court; two died but many of them are still accounted for.
He also stated a former AGP, Muneer A Malik, had also admitted that an FIR could be registered against any serving military official. The hearing of the case is adjourned for 10 days.
Published in The Express Tribune, May 16th, 2014.
Citing army regulations, Attorney General of Pakistan Salman Aslam Butt told the Supreme Court on Thursday that an FIR could be registered against serving army officials.
He made this statement to a three-member bench hearing the case of 35 prisoners who went missing from an army internment centre in Malakand. The bench, headed by Justice Jawwad S Khawaja and comprising Justice Gulzar Ahmad and Justice Athar Saeed, had earlier raised questions about the trial of army officials and asked the AGP and provincial advocate general (K-P) to assist it in this regard.
As the apex court acknowledged that criminal proceedings can be brought against serving army officers, it again deliberated upon the larger question of what an appropriate forum for such a trial would be – an ordinary criminal forum (civil court) or a military court.
Justice Gulzar Ahmad said that there should be some rules regarding the transfer of a case to a military court, adding that the magistrate should apply his mind in the transfer of such cases.
Justice Jawwad noted that it is time to evolve principles on this issue. He also asked what the forum to file an appeal would be if the trial was initiated in a military court.
It also asked whether an ordinary criminal court is bound to accede to the request made by Pakistan Army or is it the discretion of the civil court to determine whether it should accept the military plea about case transfer or not.
The bench also questioned that if the ordinary criminal court exercises its discretion in the matter then what would be the reasons to accept or decline the request of military authority.
During the hearing, Advocate General K-P Latif Yousufzai said that the military trial of these officials is near conclusion as statements of witnesses have already been recorded.
Justice Gulzar, however, stated that if the court declared the transfer of this case as illegal then all the court martial proceedings would be ineffective.
Justice Khawaja also asked how a province would respond over such a request and how they could surrender their authority in this regard.
He also said that provinces should have ascertained their rights and there should be a formal follow-up after the transfer of the case.
He said that the case is ongoing since August 5, 2013 and the court had passed a number of orders regarding the recovery of 35 ‘missing’ persons.
The bench lamented that the federal and provincial authorities did not comply with its orders in this case. It added that during the pendency of this matter, out of 35, 14 missing persons were presented before the court; two died but many of them are still accounted for.
He also stated a former AGP, Muneer A Malik, had also admitted that an FIR could be registered against any serving military official. The hearing of the case is adjourned for 10 days.
Published in The Express Tribune, May 16th, 2014.