Espionage case: Court admits PAF officer’s petition

ISLAMABAD:

After removing objections raised by the registrar’s office, the Islamabad High Court (IHC) admitted on Tuesday a petition filed by a Pakistan Air Force (PAF) official challenging his solitary confinement in a cell without adequate facilities since November 2014.

Removing objections regarding maintainability of the petition, Justice Shaukat Aziz Siddiqui said that it was the prerogative of the court to decide the issue of maintainability. The court was hearing arguments in the case of detained Squadron Leader (SL) Hassan Akhtar under espionage charges.

During his trial before the Field General Court Martial (FGCM), the earlier charges were withdrawn but he was still kept in the cell in an undignified manner, said his counsel Col (retd) Inamul Rahiem.

Records show that the officer was detained on November 10, 2014, whereas the PAF authorities maintained before the IHC that the officer was taken into custody on March 4, 2015 – 113 days of illegal detention without charge sheet punishable under Sec 50 (b) of the PAF Act, he stated in petition.

The only offence, the officer was charged with, in para wise comments presented before the court, was involvement in anti-state activities by sharing official data with unauthorised persons, said Rahiem.

In another charge sheet served on May 14, 2015, the board of inquiry accused him of engaging in cyber crimes by keeping official data on his personal laptop and mobile phone, making false statements to his superior officer, and connecting an official computer to the internet through his cell phone, the counsel said. The petitioner maintained that it meant that the earlier charges were withdrawn.

On June 22, 2015, a third charge sheet was served to the officer containing eight charges, he said. A few previous charges were dropped and few serious charges, including fraternisation with foreigners, were added.

On Aug 21, 2015, a fourth charge sheet containing six charges was delivered to the accused officer, two charges under the Official Secret Act, and four under Section 65 of the PAF Act related to not maintaining good order and air force discipline. He said, the fraternisation charge and four charges laid under PAF Act section 42 (e) were withdrawn.

The petitioner contended that frequent changes in the charges against the officer cannot be appreciated in the absence of a board of inquiry and other related documents including investigation reports.

He prayed that the manner of instant custody in the form of solitary confinement in the cell without adequate facilities entitled to PAF officers be declared illegal, void and malafide.

He further prayed to set aside the Air Force Order dated 01-09-2015 regarding suspension of rights of the accused.

The registrar office will fix the next date of hearing.

Published in The Express Tribune, September 23^rd, 2015.