F.P. Report
ISLAMABAD:The Supreme Court (SC) on Wednesday adjourned hearing of the defence ministry’s plea against a Lahore High Court (LHC) decision ordering the immediate release of Col (retd) Inamur Rahim for three weeks.
A three-member bench of the apex court, headed by Justice Mushir Alam and comprised Justice Mazhar Alam Khan Miankhel and Justice Munib Akhtar, heard the case.
During the course of proceedings, the court asked the reason behind applying the Official Secrets Act 1923 on a retired officer.
Additional Attorney General (AAG) Sajid Ilyas Bhatti said Inam had been released but was still under investigation.
Justice Mushir Alam said the military had leveled serious allegations against Inam before releasing him.
Justice Munib Akhtar said serious allegations were a matter of serious concern and the apex court had already said a civilian could not be court-martialed.
He said an amendment to the Constitution would be required to do so.
He further said court-martial of a retired colonel would be a violation of SC directives.
Justice Munib Akhtar said only a criminal court could decide on a crime of civilian nature committed by a military officer or a civilian.
He said a court-martial could not be conducted over civil offence without the permission of the federal government.
Justice Mushir Alam questioned whether individuals were picked up without thorough deliberation.
Justice Munib Akhtar said the commanding officer had to decide whether the case should be referred to a court or the suspect be court-martialed with valid evidence.
When Defence Ministry Director Law Falak Naz started to speak, the bench said the additional attorney general was present to represent the government and pointed out that he could not speak without permission of the court or the counsel.
Justice Munib Akhtar asked Falak Naz that she could only reply when questioned by the bench.
He said her job was to assist the additional attorney general.
AAG Sajid Bhatti said the LHC had issued a detailed judgment in the case and sought time to respond to points raised in it.
He informed the apex court that he would reply after consulting with authorities concerned.
Justice Mushir Alam also directed Bhatti to come prepared to explain whether a civilian could be court-martialed in light of Section 549 of the Criminal Procedure Code (CrPC) and Section 94 and 95 of the Pakistan Army Act 1952.
The bench gave the AAG three weeks to submit a reply and adjourned the hearing.
