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Court-martialled soldier moves IHC against sentence
October 03, 2016
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Islamabad - A former army personnel, who was court-martialled, has moved the Islamabad High Court seeking suspension of his sentence and release on bail on medical grounds.
Petitioner Rasheed Ahmed, an Ex-Havaldar of Pakistan Army who was court-martialled for receiving Indian liquor and giving cigars and official information to Indian army officers at Kasur border, has cited federation of Pakistan through secretary defence, President Judge Advocate General (JAG) through registrar court of appeals GHQ, Home Secretary Punjab and senior medical officer Kot Lakhpat Jail as respondents in his petition.
The petitioner presently confined at Kot Lakhpat Jail Lahore stated in his petition that he was arrested on April 11, 2011 by Rangers at Kasur border. He was then given into the custody of 319 Intelligence Battalion and was charged with sharing useful information with enemy by violating official secret act 1923 and crossing Pakistani border without passport.
He said that he was on three months leave when he was arrested by Rangers while crossing India-Pakistan border at Kasur. He sustained severe injuries when three bullets hit his lower abdomen while two hit his leg. He was then handed over to the ISI till conclusion of his court martial.
Rasheed added that on July 9, 2012, he was awarded with 7 years rigorous imprisonment on civil offence of sharing useful information with enemy. The sentence was later on added with reducing of ranks and dismissal from service. President JAG had confirmed his sentence.
He maintained that at the time of his arrest he received bullet wounds that were not treated at that time and they became worse. The petitioner is in severe medical condition but government hospital refused to take his custody as he was a prisoner of court martial.
He continued that once Justice Umar Ata Bandial of Lahore High Court visited him and ordered for his treatment at CMH Lahore. At CMH Lahore a surgery was done on him but when he was shifted to the jail hospital, it was due to lack of care that his wounds got infectious.
The petitioner also raised the issue that he was not provided with chance of fair trial as during court martial proceedings no prosecution witness was cross-examined and from defence side there was no witness at all.
Therefore, he prayed to the court to take notice of the human rights violation and extend him benefit of section 382-B considering his period of arrest into the sentence by counting his sentence from the date of his arrest on April 11, 2011 and not the date of sentence that is July 9, 2012.
The petitioner further requested that he may be given relaxation in his imprisonment sentence as announced by the federal government from time-to-time and by suspending his sentence he may be released on bail.
Published in The Nation newspaper on 03-Oct-2016
October 03, 2016
SHARE :
Shahid Rao
inShare
Islamabad - A former army personnel, who was court-martialled, has moved the Islamabad High Court seeking suspension of his sentence and release on bail on medical grounds.
Petitioner Rasheed Ahmed, an Ex-Havaldar of Pakistan Army who was court-martialled for receiving Indian liquor and giving cigars and official information to Indian army officers at Kasur border, has cited federation of Pakistan through secretary defence, President Judge Advocate General (JAG) through registrar court of appeals GHQ, Home Secretary Punjab and senior medical officer Kot Lakhpat Jail as respondents in his petition.
The petitioner presently confined at Kot Lakhpat Jail Lahore stated in his petition that he was arrested on April 11, 2011 by Rangers at Kasur border. He was then given into the custody of 319 Intelligence Battalion and was charged with sharing useful information with enemy by violating official secret act 1923 and crossing Pakistani border without passport.
He said that he was on three months leave when he was arrested by Rangers while crossing India-Pakistan border at Kasur. He sustained severe injuries when three bullets hit his lower abdomen while two hit his leg. He was then handed over to the ISI till conclusion of his court martial.
Rasheed added that on July 9, 2012, he was awarded with 7 years rigorous imprisonment on civil offence of sharing useful information with enemy. The sentence was later on added with reducing of ranks and dismissal from service. President JAG had confirmed his sentence.
He maintained that at the time of his arrest he received bullet wounds that were not treated at that time and they became worse. The petitioner is in severe medical condition but government hospital refused to take his custody as he was a prisoner of court martial.
He continued that once Justice Umar Ata Bandial of Lahore High Court visited him and ordered for his treatment at CMH Lahore. At CMH Lahore a surgery was done on him but when he was shifted to the jail hospital, it was due to lack of care that his wounds got infectious.
The petitioner also raised the issue that he was not provided with chance of fair trial as during court martial proceedings no prosecution witness was cross-examined and from defence side there was no witness at all.
Therefore, he prayed to the court to take notice of the human rights violation and extend him benefit of section 382-B considering his period of arrest into the sentence by counting his sentence from the date of his arrest on April 11, 2011 and not the date of sentence that is July 9, 2012.
The petitioner further requested that he may be given relaxation in his imprisonment sentence as announced by the federal government from time-to-time and by suspending his sentence he may be released on bail.
Published in The Nation newspaper on 03-Oct-2016
