The Supreme Court of Pakistan has suspended two death sentences imposed by military courts under the country's 21st Amendment. The basis for the ruling is a claim that the convicted men were not permitted to hire attorneys to represent them.
The Express News has the story
here.
Also request see this report in another daily "Business Recorder"
ReplyDeletehttp://www.brecorder.com/general-news/172/1253682/
It says, "Meanwhile, Supreme Court on Monday remanded identical appeals, filed against conviction through court martial, to the Lahore High Court (LHC) Rawalpindi, declaring that high court has jurisdiction to hear the matter on merit.
A three-member bench led by Justice Mian Saqib Nisar, comprising Justice Azmat Saeed Sheikh and Justice Qazi Faiz Isa resumed the hearing of 13 appeals challenging the LHC Rawalpindi verdict which declared that the matter was out of their jurisdiction. A retired Colonel Muhammad Akram advocate appeared on behalf of 10 army personnel whereas Babar Awan represented 3 army persons who were court-martialed.
Appearing before the bench, Additional Attorney General for Pakistan Waqar Rana contented that LHC had observed in the matter that army has its own mechanism to try a convict so it has no jurisdiction to hear an appeal against a court-martialed person. Rana further pleaded that Article 53 of the Constitution of Pakistan also bars a high court to hear an appeal against army trial. Citing the judgement of 1978 issued by the apex court's late Justice Hamoodur Rahman in State vs Ziaur Rehman and others case Justice Mian Saqib Nisar said a high court has jurisdiction to hear an appeal filed against a court-martial sentence.
Justice Nisar said that dishonesty of mind and dishonesty of purpose constitute mala fide, adding that both the elements found that such matter could be examined by the high court. He further said that irregular proceedings fall under the coram non judice whereas abuse of jurisdiction, misuse of jurisdiction, lack of jurisdiction and weak jurisdiction fall without the jurisdiction parameters. The bench observed that merit of the case was not discussed before the LHC Rawalpindi in the current matter but only jurisdiction. Later, disposing of the matter, the bench remanded the case to the LHC Rawalpindi, saying it has jurisdiction to hear the merit of the case."