Secretary Home and Tribal Affairs, Civil Secretariat, Peshawar, Inspector General Prisons, government of Khyber Pukhtunkhwa and Superintendent District Jail Timergera, Lower Dir as respondents.
The petitioner prayed the apex court to direct the respondents to provide him copy of all the necessary documents of proceedings pertaining to his son Haider Ali, who has been convicted and sentenced to death by the military court Swat so that he can file a petition in the High Court or Supreme Court of Pakistan against the judgment of the military courts.
The petitioner contended that his son Haider Ali at the time of his arrest on September 21, 2009, day of Eidul Fitr was about 14 years and eight months old (minor boy) and was a student of class 10th at Malakand Public School, Sirsani Kabbal, Swat.
He submitted that, at the demand of the military authorities at Swat, he was produced before the military authorities, where he was taken into custody and was shifted to some unknown place for investigation.
The father informed that after some time in the month of Ramazan, he came to know that his son was confined in Central Jail, Timergara, Lower Dir.Later on, he said that he filed habeas corpus petition along with an application for interim relief, before the learned Peshawar High Court, Mingora Bench (Dar-ul-Qaza), Swat and the learned High Court as an interim relief allowed him and his relatives to meet the detainee wherein he came to know that his detained son had been convicted and sentenced to death by the military court, Swat.
The petitioner contended that after coming to know about the death sentence of his son, he tried his level best to get the copies of the proceedings as well as judgment of the military court for the purpose of challenging his son conviction but failed due to non-availability of required court documents.
“It is troubling situation that the he has been deprived of getting the record of the case as well as judgment of the military court for the purpose of filling appeal or taking legal remedy”, the aggrieved father contended.
He submitted that this exercise on the part of military authorities was not supported by any of the existing civil or military law but sheer violation of Article 4 and 10-A of the Constitution wherein not only fundamental right guaranteed under the constitution but is natural law as no authority in the world can claim to go beyond the boundary of the law as well as cannot claim to conduct cases of prisoners in violation of law as well as in unjustified manners.
The petitioner said that the recent judgment passed in Constitutional petitions, legal right of the accused to file petition against illegalities of the military courts under 21st Amendment are not prohibited, although the fact is that by avoiding to deliver necessary copies of documents to the convict or his authorised persons is departure from fundamental right of the convict to be dealt with in accordance with law and is also against Article 10-A of the Constitution which guarantees fair trial.
Moreover, the petitioner contended that Article 10-A of the Constitution which ensure justified trial is equally applicable upon the military courts as he said that at the time of addition of Article 10-A it was not specifically mentioned anywhere in the Constitution of Pakistan that the benefit of this added Article will not apply upon the cases which are pending adjudication or decided by the military courts.
He prayed to the apex court that the respondents may be directed to provide him copy of all necessary documents of proceedings for the purpose of filing appeal or any petition in the High Court or Supreme Court against the judgment of military court for legal remedy.