Observes court cannot keep its eyes shut and sit back while army jawans sacrifice their lives
ISLAMABAD: The Chief Justice of Pakistan, Justice Anwar Zaheer Jamali, on Monday questioned how those who refuted the Constitution could seek justice. He said the country was passing through the worst phase of terrorism and the court could not keep its eyes closed while army jawans were sacrificing their lives.
A five-member larger bench of the Supreme Court, headed by Justice Jamali, resumed hearing in identical pleas filed against deaths awarded by military courts. The court sought a reply from the Federation on the law that authorised the military court to award punishments.
The court turned down the appeal filed against capital punishment awarded by a military court to one Zafar Iqbal. Asma Jehangir, the counsel for Zafar Iqbal, contended before the court that she was against terrorism but at the same time everyone should be served justice. She said the Supreme Court, being the final forum for adjudication of the matter, provides hope for a fair trial.
CJ Jamali observed that the court has to examine who is loyal to the country and the allegiance of those who used toworld about terrorists as they are even hanged before a mob. Asma Jahangir said that what about those clerics who didn’t adhere to Constitution.
The CJ said terrorism is taking place with foreign funding too. Country is in state of war and the case against convictions by military courts is not running for the first time. Trials have been taking place in several countries and immediate punishment has also been awarded, he said. He further observed every person who accepts law and constitution has right to fair and independent trial.
Justice Mian Saqib Nisar, another member of the bench, remarked that to meet the ends of justice and due process of law, Evidence Act provides procedure. Meanwhile, the court adjourned the hearing till April 6.
Asma, also counsel for Haider Ali son of Tahir Shah, argued her client was arrested on September 27, 2009 and he was then student of Class 10. All the evidence in this respect is available, she said.
“I went to Peshawar High Court (PHC) against the capital punishment awarded by military court to my client and requested that permission to meet the client. However, permission was not given. Inquiry was held by local police and at that time my client was included in missing persons. When we went up to Peshawar, we came to know that he was not there.
“We came to know that he has been tried and death penalty has been awarded to him. Nothing is known to anyone about his offence. There should be any rules and procedure to punish anyone. My client was not provided opportunity of fair trial,” she stated.
Asma also gave arguments in respect of three other clients. Additional Attorney General (AAG) Attique Shah presented all the record about the accused persons was sealed. The court remarked it wants to review this record first of all and it will conduct more hearings.
The court issued notices to AG and adjourned the hearing till April 6. Counsel for Zaheer Gul, Jamil ur Rehman, Aslam Khan and other accused gave arguments. The court directed the AG to give reply with respect to all petitions and court will review the record furnished to it.