Islamabad - The Supreme Court Monday restored the applications for hearing against the procedure of awarding sentences to the accused by the martial law court, and directed the SC office to fix it within two weeks time. A two-judge bench headed by Justice Jawwad S Khawaja heard Col (Retd) Muhammad Akram’s application, seeking amendments in certain provisions of the Pakistan Army Act 1952 relating to proceedings of military courts. The court had dismissed the petition in January 2013 for non-prosecution.
Col (Retd) Akram appearing before the court argued that the august court had dismissed its plea without hearing him, adding that he had not received any notice regarding the fixation of case at that time.
He said in the military courts the accused is denied right to access record of his case and also the appeal system is effective. He informed that in martial law courts of Pakistan Army the accused is not provided the charges-sheet against him, while in Pakistan Navy and Pakistan Air Force the accused is apprised of the charges.
Col (Retd) Akram stated that in the military courts the accused was completely unaware for what crime he is being awarded punishment. He maintained that taking a statement from an accused on oath during investigation by court martial and then using it against him as evidence is contradictory to the Qanoon-e-Shahadat Order, adding that the constitution does not allow compelling an accused to give a statement on oath.
Constitutionally, a civil court is bound to cite reasons while sentencing. On the contrary, military courts rely on one-liner, “the charge has been proven”, which is unfair and unconstitutional. Col Akram said that military authorities wrongly interpret article 44 of Qanoon-e-Shahadat, which says the accused shall be liable to cross examination.
“Section 31 of the Army Act allows an accused to submit a petition against the findings or decision of a military court,” the petitioner maintained, adding that “the finding (s) and sentence of all military courts except the summaries are required to be confirmed.” He added that it is discriminatory and against the Constitution if the verdicts by military courts are not immediately announced to the accused.
Deputy Attorney General Abdul Rasheed Awan representing the federation opposed the application for restoration and contended that the court had already dismissed it for non-prosecution, adding the law did not permit restoration of application after one year. The DAG said he has been instructed by relevant authorities to oppose the restoration of this plea.
However, the bench said the matter was very sensitive therefore they would hear it. The court restored the application and adjourned the matter for two weeks.
Akram has also sought a direction to the ministry of defence to amend or modify the Army Act to bring it in line with the Pakistan Navy and Air Force Acts.