Missing persons’ cases: SC probes legal lacunae in trial of serving military officers

Top court questions whether courts can transfer case to army.


Our Correspondent June 25, 2014

ISLAMABAD:


A five-member larger bench of the Supreme Court, headed by Justice Nasir ul Mulk, has issued notices to all senior provincial law officers to decide on the legal lacunae pertaining to the trial of serving military officers for their alleged role in orchestrating enforced disappearances.


On May 15, the two-judge bench, headed by Justice S Khawaja, hearing a suo motu case regarding the disappearance of 35 missing persons had recommended that the case be heard before a larger bench. The bench made this recommendation to ensure uniform consideration over questions related to the trial of the military officials.

In view of the bench’s recommendation, the chief justice constituted a five-member larger bench, headed by Justice Nasir ul Mulk. All the five judges are in line to become the chief justice of Pakistan. They are Justice Jawwad S Khawaja, Justice Anwar Zaheer Jamali, Justice Mian Saqib Nisar and Justice Asif Saeed Khan Khosa

During the hearing on Tuesday, Attorney General for Pakistan Salman Aslam Butt recommended the larger bench issue notices to all advocates general. Justice Jawwad S Khawaja agreed with the suggestion.

Meanwhile, Additional Advocate General K-P Zahid Quraishi told the bench that AG K-P Latif Yousufzai is in South Africa to attend a conference; therefore, he requested the bench to adjourn the hearing.

The bench while issuing notices to the advocates general adjourned the hearing for the second week of July. More than 50 missing persons’ cases are also fixed along with this matter before the larger bench.

On the request of military authorities on March 25, the provincial administration decided to close the case against members of the armed forces. Subsequently, the matter was referred to military authorities for further investigation and a trial under the Pakistan Army Act 1952.

For the first time in Pakistan’s history, on March 21, the defence minister lodged an FIR, under Section 346, against those army officials with regards to the removal of 35 undeclared inmates from a prison facility in Malakand. Later, the SC on May 15 formulated legal questions about the trial of the army officials and asked the attorney general of Pakistan and the advocate general of K-P to assist it in this regard.

Published in The Express Tribune, June 25th, 2014.

COMMENTS (1)

Danish | 9 years ago | Reply

Finally, Heading in a right direction.

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