Govt says Indian national can’t benefit from Section 382-B

PESHAWAR: The federal government through Ministry of Foreign Affairs on Wednesday submitted reply in the Peshawar High Court and stated that the convicted Indian national writ petition wherein he had sought the benefit of Section 382-B of the Code of Criminal Procedure to include the period of his detention in his sentence was non-maintainable and liable to be dismissed.

The reply said the petition was not maintainable in view of Article 199 (3) read with Article 8 (3) of the Constitution.  It was stated that the Indian national was involved in espionage and anti-state activities. The reply said the petitioner was not entitled to the benefit of Section 382-B of the CrPC as the issue had already been dealt with the statutory provisions of Pakistan Army Act Rule 135 of Pakistan Army Act 1952.

The reply said that the petitioner’s appeal against conviction had also been dismissed by the Army Court.  The Ministry of Foreign Affairs also attached various judgments of the superior courts to support the reply in the court.

However, the bench comprising Chief Justice Mazhar Alam Miankhel and Justice Roohul Amin Khan asked both petitioner’s lawyer and deputy attorney general of Pakistan to explain the question before the court on next hearing whether or not the prisons rules are applicable to a convict under the Pakistan Army Act.

During arguments, Qazi Muhammad Anwar, counsel for the convicted Indian national, Hamid Nehal Ansari, who was sentenced to three years imprisonment by a military court, submitted that the convict was shifted to Central Prison Peshawar and civil prisons rules were applicable to the convict.

He further stated that the IG prisons had also sent a form to the convicted Indian for remission under Section 382-B of the CrPC and he had filled it out. However, deputy attorney general, Manzoor Khalil submitted that the trial court (military court) had not given him the benefit of the Section 382-B of the CrPC. He requested the court to dismiss the petition.

The petitioner had gone missing after he was taken into custody by intelligence agencies and local police in Kohat district in November 2012. In reply to a habeas corpus petition filed by his mother, Ms Fauzia Ansari, the high court was informed on January 13 this year that he was in custody of Pakistan Army and was being tried by a military court.

Qazi Mohammad Anwar, lawyer for the petitioner, said his client was sentenced to three years imprisonment and if he was extended benefit of Section 382-B of the Code of Criminal Procedure, the period of his detention prior to conviction would be included in his prison term and in that case, he should have been released by now. He requested the court to issue the order for the release of the petitioner.