ISLAMABAD - Attorney General of Pakistan has been issued notice to submit a report whether compromise under the Pakistan Army Act could be affected.

A three-judge bench headed by Justice Amir Hani Muslim and comprising Justice Mushir Alam, and Justice Maqbool Baqir heard the appeals of two former army men against the death sentence awarded to them by Field General Court Martial.

Lance Naik Mukarraqm Hussain and ex-Gunner Muhammad Mustaq were awarded death sentence by the FGCM.

Muhammad Mushtaq, a gunner for the Pakistan Army, was posted at the Siachen Glacier in the Chullung sub-sector. He was charged with murdering another gunner, Israr Ahmed, on February 28, 2004.

On July 5, 2004, he was convicted and sentenced to death by the FGCM. The sentence was confirmed on October 26, 2004, by the then army chief.

Similarly, Mukarram Hussain, a lance naik for the army, was posted in the Chamb sector of Azad Kashmir. He was charged with murdering havaldar Noor Muhammad and lance havaldar Bashir Ahmed on May 29, 2001. He was convicted and sentenced to death by the FGCM.

Both the convicts had filed writ petitions in the LHC against the military court’s verdicts and made Ministry of Defence through Chief of Army Staff as respondents. The high court, however, had dismissed their pleas.

Mushtaq and Mukarram challenged the high court’s verdict in the apex court in 2014, which also rejected them in May last year.

During the pendency of the case in the Supreme Court the convicts’ families entered into a compromise with the deceased heirs. They later filed applications that as the compromise had reached, therefore, they should be acquitted.

Muhammad Akram, counsel of ex-gunner Mushtaq, on Monday argued that there is no provision of compromise in the Pakistan Army Act, adding as Code of Criminal Procedure deals with the compromise, therefore, the apex court has jurisdiction to hear the applications.

He said unless independent courts would not hear appeals against the military court judgment the army men would not be able to get justice. The bench issuing notice to AGP adjourned the case for indefinite period.