F.P. Report
ISLAMABAD: The Supreme Court on Monday adjourned the hearing of the Ministry of Defence’s appeal against Peshawar High Court’s (PHC) verdict regarding acquittal of 73 individuals, convicted by the military courts.
A three-member bench of the apex court, headed by Justice Mushir Alam and comprising Justice Munib Akhtar and Justice Amin-Ud-Din Khan, heard the case.
During the course of proceedings, Additional Attorney General (AAG) Sajid Ilyas Bhatti said the military courts had a standard trial procedure that allowed the convicts to challenge the decision. He emphasized that the military court verdicts were in line with the Criminal Procedure Code (CrPC).
On a query by Justice Alam, the additional attorney general pointed out that all 73 of them were sentenced in different cases. The PHC did not follow the Constitution and the rules set by the Supreme Court while acquitting the convicts, he added.
He said the courts had let five suspects go due to lack of evidence. Most of the suspects were acquitted during the inquiry.
Justice Munib Akhtar asked was there any evidence other than a statement of confession? If the accused did not plead guilty, a trial was initiated against him.
The AAG said the criminal was asked several questions during the interrogation. Justice Munib Akhtar questioned had the military courts had given life imprisonment to accused except death sentence and asked the AAG to submit details of accused with their names, the nature of the crime, the application number, co-accused and those who had been acquitted by the military courts.
The AAG said some accused were acquitted by military courts for lack of evidence.
The court also sought report regarding recovery from the accused.
Justice Munib Akhtar said a first information report (FIR) and a confession of the accuse was not enough evidence. The confessional statement could only be recorded before a magistrate, he added.
The AAG said confessions by the accused led to verdicts during the trial and statements were recorded by the officers deputed at the detention centres.
The AAG said the statement was recorded according to the the prescribed format as per rules. Judges and witnesses all took oaths in the military courts, he added.
He said the high court announced decisions keeping in view the Criminal Procedure Code while criminal rules did not apply to military courts.
Justice Munib Akhtar remarked that on prima facie, there was no evidence other than the confession of accused.
The AAG said the investigation officers attained information from the convicts.
Meanwhile, a counsel representing one of the convicts said that his client was provided unsatisfactory legal assistance.
He said his client Jamshed was arrested from Islamabad in 2012 while a petition was filed for his release in the top court.
The AAG requested the top court to consider the circumstances as special as the witnesses were reluctant to record statements against the terrorists.
He said the parliament had constituted the military courts keeping in view the special circumstances. Article 10(a) did not apply to the military courts.
He pleaded the apex court the stop the PHC decision from announcing its decision on 200 appeals which was due on Tuesday.
Justice Munib Akhtar, however, remarked that the high court could not be stopped from announcing a decision.
The apex court sought details of the evidence against the 73 convicts and those acquitted as well, and adjourned the hearing till Tuesday.
