Military courts decision: SC rejects govt plea to restrain PHC from deciding appeals

ISLAMABAD: The Supreme Court (SC) on Monday rejected the plea of federal government for restraining the Peshawar High Court (PHC) from deciding the appeals of some 200 persons, challenging the military courts’ decisions.

A three-member bench of the apex court headed by Justice Mushir Alam heard an appeal filed by the Ministry of Defence against the verdict of Peshawar High Court acquitting some 70 individuals, convicted by the military courts.

Additional Attorney General Sajid Ilyas Bhatti informed the court that the PHC is going to announce today (Tuesday) some 200 appeals, challenging the decisions of the military courts.

The bench, however, rejected the plea of the law officer saying let the PHC announce its decision and if an appeal was filed before it against the high court verdict, it will be looked into.

Justice Muneeb Akhtar, a member of the bench, said that they cannot restrain the PHC adding that let the high court announce its decision and if appeals were filed in the apex court against the high court decision, it will be looked into.

The court sought complete record of the matter including names of the nominated accused as well as those co-accused who were acquitted by the military courts besides seeking recovery details from the accused persons as well.

During the course of hearing, the court observed that the confessional statement recorded before a military officer has no value and ruled that only a magistrate is the competent authority to record the confessional statement of an accused.

At the outset of hearing, Justice Muneeb Akhtar observed that under Qanoon-e-Shahdat, confessional statement of an accused before a military officer has no value adding that confessional statement of an accuse can only be recorded before a magistrate.

Additional Attorney General Sajid Ilyas Bhatti said that the military court convicted the accused persons after the confessional statements made by the accused adding that the deputed officers at the interment centers recorded the statements of the accused persons.

Justice Muneeb Akhtar observed that the PHC had held that handwriting of all the confessional statements were the same. The law officer however, contended that confessional statements were written as prescribed in the rules.

Justice Mushir Alam observed that after going through the whole record, it will be ascertained as to what were the evidence against the accused.

Additional Attorney General Sajid Ilyas Bhatti while giving details about the matter informed the court that in all 71 cases, there were separate allegations against the accused persons adding that all the accused were found involved in incidents of terrorism during the year 2014-2015.

He submitted that the military courts conducted the trial in accidence with law and specified principles and claimed that all the accused were provided opportunity of fair trial. He contended that the principles, set by the apex court were not adhered to by the learned high court adding that even the learned high court ignored its own decision.

Replying to a court query, the law officer informed the court that all the accused nominated in the instant matter did not get punishment adding that after the trial, five percent accused were acquitted also adding that most of the accused were acquitted during the course of inquiry.

Justice Muneeb Akhtar questioned as to whether apart from making confessional statement if there is any other evidence against the accused persons and whether the trial conducted under the special law were in accordance with the fundamental rights of the constitution.

Additional Attorney General replied that proofs are available apart from making confessional statements adding that if anyone is court-martialed on the basis of confessional statement, he is punished immediately but one if does not confess, then trial begins.

During the course of investigation, the accused is interrogated in detail and asked many questions. Justice Muneeb Akhtar observed that besides awarding death sentences, the military courts also give punishment of life imprisonment and some were acquitted.

Additional Attorney General said that five of the accused got acquitted from the military courts for not having evidence. During the course of hearing, a counsel appearing for the accused persons, Abdur Rahsid and Abdul Hafeez told the court that his client were arrested from Karachi, according to Fata, Pata Act which is not applicable on Karachi. He claimed that as per FIR, the trials of his client were conducted in military court however, the military court did not level any allegation against them.

He further contended that some other accused were also arrested with his client however, their trials were conducted in ordinary courts Later, the court adjourned the hearing until today (Tuesday).