ISLAMABAD - A division bench of Islamabad High Court (IHC) Tuesday issued notice to judge advocate general (JAG) branch of Pakistan Air Force (PAF) in an application seeking court’s directions for initiating criminal proceedings against an official of the branch.
The division bench comprising justice Noor-ul-Haq N Qureshi and Justice Athar Minallah conducted the hearing of the petition filed by a PAF officer Sqn Ldr Shazib Mehmood through his counsel Inam-ul-Rahim, seeking the court’s directions to initiate criminal proceeding against Group Captain Fareed Khan of JAG PAF for giving false and misleading undertaking in the case of Sqn Ldr Shazib Mehmood.
After hearing the arguments of the counsel, the IHC dual bench issued notice to the JAG branch of PAF and sought its comprehensive reply in this matter.
In the ICA, the petitioner pleaded that he was illegally taken away from Rawalpindi and without producing him before his commanding officer, was put to trial before a tribunal established at Karachi and the appellant engaged the services of Inam-ul-Rahiem Advocate as his counsel under the provisions of PAF Rule 145 for the aforesaid purpose.
The applicant added that commencement of trial was intimated by PAF authorities on June 5 through a letter issued from the office of Deputy Director General Air Intelligence which stated that Col (R) Inam-ul-Rahiem Advocate is not cleared for his appearance in the FGCM as a defence counsel of Squadron Leader Shazib Mehmood (the appellant).
He further pleaded that he moved an ICA number 370/2014 which had been pending for adjudication before this august court in this regard. He added that the JAG PAF Group Captain Farid Khan, filed a CM number 3724/2014 in the aforesaid ICA on July 8, 2014 and submitted unambiguous declaration/undertaking which stated that the said advocate would be permitted to defend the appellant/accused and at Para 5 of the CM he further added that it was also reiterated by the said group captain that the defence counsel Inam-ul-Rahiem was also security-wise cleared by the concerned authority in the interest of justice.
Inam maintained that the said officer made false and misleading declaration/ undertaking before this august court and meanwhile when the matter was subjudice before the court.
The appellant stated that his counsel also submitted a written request to the Air Headquarter that as the matter was sub judice and he had not been allowed to represent the appellant or the letter of security clearance issued by Deputy Director General Air Intelligence was neither withdrawn nor cancelled, therefore the trial proceedings might not be confirmed. Despite the aforesaid request, the proceedings were confirmed in utter haste and the appellant was shifted to civil jail.
Therefore, he prayed before the court to initiate criminal proceedings under section 195 read with section 476 of CrPC against the said officer.