Military court decisions: Supreme Court seeks AGP’s opinion on jurisdiction

Nine judges have already declared the court can interfere on the basis of ‘coram non judice’.

ISLAMABAD: The apex court has sought the Attorney General of Pakistan’s help to decide whether or not superior courts can hear the appeals of serving military officers against court martial.

On Tuesday, the Supreme Court issued a notice to the AGP to decide the legal question after hearing the appeal of Major Ilyas against his court martial proceedings.

The three-judge bench, headed by Justice Mian Saqib Nisar, will examine whether it can interfere in these matters or not.

Nine judges have already declared the court can interfere in these matters on the basis of coram non judice (not before a judge), being without jurisdiction or under mala fide intentions.

The court has issued the notice to the AGP to determine these aspects.

In a separate case, a three-judge bench headed by SC Chief Justice Anwar Zaheer Jamali rejected the appeal of a military official against his death sentence awarded by a military court.

The convict had murdered his five army colleagues. The military court had awarded him death sentence and the high court did not entertain his application citing lack of jurisdiction.

Published in The Express Tribune, September 30^th, 2015.