On hold: SC suspends military court death sentences

Issues notice to AGP to submit response over SCBA’s plea


Hasnaat Malik April 17, 2015
Asma Jahangir. PHOTO: AFP

ISLAMABAD:


The top court has stayed the execution of death sentences awarded by the military courts to six accused on charges of terrorism. These courts were recently established under the 21st Constitutional Amendment.


The 17-judge full court, headed by Chief Justice Nasirul Mulk, while passing a short order over the Supreme Court Bar Association’s (SCBA) plea on Thursday said the execution of the military courts’ death sentences, those who have already been awarded and those who would be awarded, shall be suspended.

The bench has also issued a notice to the Attorney General for Pakistan to submit a reply over the SCBA’s plea.

Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir were awarded death sentences on April 2 by the military courts, formed under the 21st Constitutional Amendment and Pakistan Army Act 1952.

During the hearing, AGP Salman Aslam Butt while opposing the apex court’s order to suspend the execution of death sentences of six militants stated that in view of this order, the operation of the constitution will be suspended.  It was not a secret trial but also a complete procedure was adopted, he added.



“It was an unexpected decision for us. However, the apex court did not stop military courts from functioning as it has only stayed the execution of death sentences awarded by them,” the AGP told The Express Tribune after the court’s proceedings.

At the onset of the proceedings, the chief justice questioned: has anyone filed an application for the suspension of execution of death sentences?

Asma Jahangir informed the court that on behalf of the SCBA she had filed the petition against the death sentences.

The AGP contended that there was remedy provided in the system and there was complete procedure given in Section 133-B of the Pakistan Army Act 1952.

The chief justice, however, said: “We don’t know much about the proceedings of the case. Therefore, there is need to suspend the death sentences.”



He also stated that the trial was not made public and only the sentence of six persons came to light through the media, adding that if these people are hanged and later on the court allows the constitutional petitions against the establishment of the military courts then what will be the outcome.

Asma Jahangir, the counsel for the SCBA, said that she can produce the affidavits of the families of the six persons who came to know through the media that they have been awarded death sentence.

The hearing of case is adjourned until next week.

Justice Saqib Nisar said there is a mechanism to confirm the death sentence of any person, adding that whether any reference was sent to a high court regarding the confirmation of the sentence of these six persons. The AGP replied in the negative.

Justice Asif Saeed Khan Khosa inquired from the AGP: what is the appellate forum against the death sentence awarded by military court, within the Army Act? Why there was a need to hold the trial secretly? He said people learnt about it through the media.

Plea against 18th Amendment

Later, the court heard petitions against the 18th Amendment. The court was informed that Akram Sheikh, counsel for SHCBA, is on general adjournment.

Barrister Zafarullah Khan, appearing on behalf of Wattan Party, said 104 amendments were made in 60 Articles of the Constitution through the 18th Amendment and nine months were spent to prepare it and millions of rupees were spent. He further stated that on September 30, 2010 an interim order was passed on 18th Amendment and now after five year the apex court again took up this case

As the full court was hearing the arguments of Zafarullah, one of the SC staff informed the chief justice that Justice Ijaz Ahmed Chaudhry’s wife had a heart attack. The chief justice therefore adjourned the hearing till April 22. Later it was reported in the media that Justice Ijaz’s wife had expired.


Published in The Express Tribune, April 17th, 2015.

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