The Express Tribune has further reporting on the case of retired Lieut. Gen. Faiz Hameed:
Lawyers who conduct trials in military courts say that, as a general practice, written judgments are provided to convicted persons only after intervention by a high court.
There is no direct right of appeal against military court verdicts in superior courts. However, convicts may challenge such decisions through writ jurisdiction in the high courts, where the scope of judicial review remains limited.
In its majority ruling, the Supreme Court upheld the trial of civilians in military courts. However, in its judgment dated May 7, the court directed the federal government to take steps for appropriate legislation to grant a right of appeal to civilians convicted by military courts.
Despite the passage of several months, the government has yet to take any steps to comply with that directive.
A senior lawyer said the proposed legislation would need to clarify whether the right of appeal would also extend to retired military officers such as Faiz Hameed.
It is hard to see how the field general coiurt-martial could lawfully have personal jurisdiction over a retiree while such an accused would not have a right to appellate review.
No comments:
Post a Comment
Comments are subject to moderation and must be submitted under your real name. Anonymous comments will not be posted (even though the form seems to permit them).