Pakistan

Review of army court verdicts: Military consulting legal aides on SC decision

Seeks to ascertain if a review petition should be filed

Hasnaat Malik August 08, 2015

A source told The Express Tribune that the military establishment had expressed reservations over the top court’s verdict to review the ruling of the military courts on specific grounds. PHOTO: AFP

ISLAMABAD: The army is apparently unhappy with the Supreme Court’s ruling to review any decision of the military courts, because it has started consulting legal aides to decide the future course of action.

Though the apex court Wednesday upheld the establishment of military courts to try terror suspects in a majority ruling, it also ruled that the superior judiciary could still review any judgment passed by them on the grounds of coram non judice (not before a judge), being without jurisdiction or suffering from mala fide.

Read: Majority verdict: SC rules in favour of military courts

A source told The Express Tribune that the military establishment had expressed reservations over the top court’s verdict to review the ruling of the military courts on specific grounds. “They are consulting legal aides to ascertain if a review petition should be filed against the court’s particular observations.”

Raja Irshad Ahmad, counsel for the country’s spy agencies in a number of cases, also confirmed that he had been consulted for his opinion over the apex court’s August 5 ruling. “I have told them that there is nothing new in this, because on the basis of these grounds, the superior judiciary is already reviewing court martial cases against army men.”

Another lawyer who was consulted in this matter agreed with Ahmad’s view. “Around 120 decisions of military courts are already sub judice in the superior court.”

Meanwhile, a senior law officer expressed satisfaction over the court’s observations and said there was nothing surprising in them. “We are keenly reading the court’s verdict, and if needed, we might file a review petition.”

In his 88-page landmark ruling on Wednesday, Chief Justice Nasirul Mulk observed that the decision to select and refer the case of any accused for trial under the Pakistan Army Act, 1952, as amended, and any order passed or decision taken or sentence awarded in such a trial shall be subject to judicial review. Former Additional Attorney General Tariq Khokhar believes that the accused would approach the superior judiciary against the military courts’ verdicts. “Therefore, the courts will take up their matters and stay the military courts’ proceedings, which will cause considerable delay in the disposal of cases.”

Read: ICJ terms SC's verdict over military courts a blow to human rights

He recommended the prosecution team before the military courts to be vigilant and convict the militants on solid evidences because, ultimately, the record of trial of the accused might be scrutinised by the superior courts.

He also said the court’s observations to review the military courts’ proceedings on particular grounds were common.

Published in The Express Tribune, August 8^th, 2015.

COMMENTS (4)

Parvez | 9 years ago | Reply If the military courts ruling can be challenged In the SC .......... then it's back to square one.

S.R.H. Hashmi | 9 years ago | Reply After due consideration, when the Supreme Court allowed military courts to function, people heaved a sigh of relieve because it gave them the hope that the cases will be decided speedily and that no culprit will escape punishment because of mere technicalities. However, the matter of review of military courts decisions by the Supreme Court has raised some questions. While reading reports of court cases, many a time we learn that the Judges rebuke the prosecuting police officers who, because of pressure or financial persuasion, deliberately build weaknesses in the cases, And being obliged to decide the cases strictly on the basis of evidence presented, the judges have to acquit them on technical grounds even when they are hundred percent sure of the guilt of the accused. It was a reasonable expectation that in the case of military courts, once the officer holding the court was convinced of the guilt of the accused, he would not acquit him purely on technical grounds and the culprit will be given due punishment speedily. However, the clause providing for Supreme Court’s oversight over military courts’ verdicts may take away this advantage, and may mean considerable delay in the execution of the sentence, assuming of course that the superior court decided to uphold the military courts’ decision. No wonder the military establishment is seeking legal advice on the issue. Karachi

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Khan Jr | 9 years ago | Reply No one can be allowed to take the law in their own hands. As long as the Military Courts proceed on the basis using proper evidence they should have nothing to worry about.

Ch. Allah Daad | 9 years ago | Reply Unlimited powers to army are not acceptable in any civilized society. Army should understand that it cannot fight terrorists alone. Every organ of the state must join and play their part in war against terrorism. If military courts are bad, no appeal against their verdict would be worse.

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