Fight for the record of military court trial

Yet another issue has arisen in the legal fight over Pakistan's military courts. The Registrar of the Supreme Court has rejected a petition in which the father of a young man sentenced to death by a military court on the ground that the relief -- access to the case record -- should have been sought in a lower court. Counsel for the petitioner has stated that he will ask the Supreme Court to overturn the Registrar's decision. Details are available here thanks to The Express Tribune. Excerpt:

“Although the fact is that by avoiding to deliver necessary copies of documents to the convict … is departure from the fundamental right of the convict to be dealt with in accordance with law and is also against Article 10-A of the Constitution which guarantees fair trial,” [Zulfiqar Bhutta, counsel for the petitioner] said.

The Human Rights Commission of Pakistan (HRCP) is also considering filing a petition for ensuring fair trial as well as right of appeal to the persons, who have been convicted by the military courts.

As will be recalled, § 133B(3) of the Pakistan Army Act, 1952 states: "The decision of a Court of Appeals shall be final and shall not be called in question before any court or other authority whatsoever." The latest case could test the validity of that provision.