ISLAMABAD: The Shariat Appellate bench of the Supreme Court (SC) on Wednesday issued a notice to Attorney General in a matter pertaining to right of appeal to military personnel, sentenced by military courts and providing written judgments.
A five-member larger bench of the Shariat Appellate bench of the Supreme Court, headed by Justice Jamal Khan Mandokhail, heard the appeals filed in 2008 by the federal government and Ministry of Defence against the Federal Shariat Court verdict.
Other members of the bench included Justice Irfan Saadat Khan, Justice Shahid Waheed, ad hoc members Dr Khalid Masood and Dr Qibla Ayyaz.
In September 2008, a five-member bench of the Federal Shariat Court (FSC) had ordered the federal government to amend the Pakistan Army Act and Pakistan Air Force Rules within six months and allow convicts to get copy of the judgments and other records to enable them to file appeals.
The order was given on two petitions filed by Col (R) Mohammad Akram, challenging the Pakistan Army Act 1952 and Pakistan Air Force Act Rules of 1957.
The Federal Shariat Court, while disposing of the petitions, had held that refusing to give copies of the judgment, despositions or other record of the case to a convict was tantamount to denial of justice because he would not be in a position to furnish grounds against his conviction in the appeal.
During the course of hearing on Wednesday, Justice Jamal Khan Mandokhail observed that according to the law, the appeal is heard by the Army Chief or an officer nominated by him. The judge remarked that the army chief is the head of the army. Similarly, Justice Irfan Saadat Khan observed that the accused is told that the charges have been proved but the accused is not told what the charges are. Meanwhile, the court issued notice to Attorney General and adjourned further hearing for date-in-office (Indefinite period).
