ISLAMABAD - As the full court of Supreme Court will resume hearing of petitions against the 18th and 21st Amendments today, the federation filed an application on Tuesday praying the court to recall its interim order.

The full court on 16th April, on the application of Supreme Court Bar Association, had suspended the execution of death sentence of six accused namely Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir. The military court, established under the 21st constitutional amendment had awarded the accused death sentence on the charges of terrorism and manslaughter.

The federation in its reply, filed through Attorney General’s office, submitted that the convicts and their organizations have declared and waged a war against the State of Pakistan by slaughtering Army/Frontier Corps personnel, preparing suicide bombers, attacking Armed Forces/civilians and installations which resulted in causing deaths and injuries, abduction for ransom, possessing explosives and collection of funds for terrorist organizations.

The federation further contended that these terrorists convicted by the Field General Court Marshall (FGCM) under the Pakistan Army Act, 1952 have an efficacious and adequate remedy under the Act adding that the said remedy can be availed by the convicts.

“The instant petition is premature and the same is liable to be dismissed,” the federation contended adding that the petitioner was not a party to the trial and none of the petitioner’s right was violated, hence it had no locus standi to challenge the convictions through a miscellaneous application.

The federation submitted that the petitions are pending before the apex court wherein the question of the jurisdiction of the apex court is the matter in issue which is yet to be determined by the court.

“In the absence of the determination of that basic issue of the jurisdiction, the order dated April 16, 2015 would amount to assumption of jurisdiction in the matter even without first determining whether this apex court had jurisdiction or not,” the federation contended.

It was further contended that the petitioner may also have a legitimate concern with regards to the enforcement of fundamental rights adding that the earlier judgment of the apex court particularly in the cases of Liaqat Hussain verses federation of Pakistan (PLD 1999 SC-564) and Mehram Ali verses Federation of Pakistan (PLD 1998 SC 1455) are fundamentally different on facts from the present cases as these six convicts to whom reference has been made in the application had waged war against the State of Pakistan.

“In these facts ad-interim order granted by the apex court may be recalled,” the federation prayed.

It further submitted that under the Army Act 1952, there are number of steps including a mercy petition to the Chief of the Army Staff as envisaged under section 131 (1) of the Act, an appeal under section 133 (b) thereof and then a mercy petition to the President before the punishment given is executed.

“This process usually takes about six months and these six persons have been convicted only few days ago,” said the federation’s reply, adding an interim order passed by the apex court is rather premature particularly when other remedies are available but those were not exhausted.

The court had directed Attorney General for Pakistan Salman Butt to file reply on the application of Supreme Court Bar Association.