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Govt wants 2 military officers tried under army act, SC told
NASIR IQBAL
— File photo
Updated 2014-03-26 06:41:49
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ISLAMABAD: The Supreme Court was informed on Tuesday that the federal government wanted two serving military officers tried under the Pakistan Army Act (PAA) 1952 for their alleged involvement in enforced disappearances of Baloch people.
“I had a meeting with the Balochistan chief secretary who told me that the federal government had sent a requisition to the provincial government for trial of the two army officers under the PAA,” Advocate Irfan Qadir, representing the Frontier Corps Balochistan, informed a three-judge bench headed by Justice Nasir-ul-Mulk which had taken up a case about law and order situation in Balochistan.
The court ordered the chief secretary of Balochistan, Irfan Qadir and the Crime Investigation Department (CID) to hold a meeting and decide how to proceed against the army officers.
The officers had to be produced or their particulars provided to the investigating officer of CID Quetta looking into allegations about enforced disappearances, but the Balochistan government admitted in the apex court on Jan 30 that it was helpless because it had no effective control over the FC which was accused of picking up people.
The court was also informed that of the 33 missing persons the FC had been accused of having picked up 19. Eight of them were with intelligence agencies, mainly the Military Intelligence, and the remaining six either with police or Levies.
At the last hearing on March 7, the court directed the Balochistan government to come up with a clear stance, whether the two military officers would be tried by it under the Criminal Procedure Code or their cases would be referred to the army authorities for trial under the army act.
The directive was issued after former additional attorney general Shah Khawar claimed that the military authorities had expressed their willingness to take over the case and try the officers under the PAA read in conjunction with the Army Regulation (Rules) 373.
The officers accused by the witnesses or complainants of picking up Baloch people are Maj Moheen (Usama) and Maj Saif. They worked in the FC on deputation but later sent back to their parent department, the Military Intelligence. Earlier, retired army officers Khalid Muneer Khan, Gen Muzaffar Afzal and Gen Khalid Zaheer who had served as directors general in the National Logistics Cell on different occasions were reinstated in the army and later tried by the court martial when their cases were referred to the National Accountability Bureau on corruption charges.
“No-one knows what happened to the court martial proceedings and whether they were sentenced or exonerated,” a senior lawyer said on condition of anonymity.
On Tuesday, Irfan Qadir informed the court that the federal government would try the army officers under the army act.
Referring to the mass graves found in Khuzdar, Advocate General of Balochistan Nizamuddin said a one-man tribunal of Justice Mohammad Noor Meskanzai of the Balochistan High Court was yet to complete its investigation and had sought another six months.
But he said he had no idea when asked by the court if DNA samples had been sent to a laboratory.
“Do you come here on a pleasure trip,” the court said and ordered him to inform it about the latest situation on DNA on Wednesday.
NASIR IQBAL
— File photo
Updated 2014-03-26 06:41:49
Share
1 Comment(s)
ISLAMABAD: The Supreme Court was informed on Tuesday that the federal government wanted two serving military officers tried under the Pakistan Army Act (PAA) 1952 for their alleged involvement in enforced disappearances of Baloch people.
“I had a meeting with the Balochistan chief secretary who told me that the federal government had sent a requisition to the provincial government for trial of the two army officers under the PAA,” Advocate Irfan Qadir, representing the Frontier Corps Balochistan, informed a three-judge bench headed by Justice Nasir-ul-Mulk which had taken up a case about law and order situation in Balochistan.
The court ordered the chief secretary of Balochistan, Irfan Qadir and the Crime Investigation Department (CID) to hold a meeting and decide how to proceed against the army officers.
The officers had to be produced or their particulars provided to the investigating officer of CID Quetta looking into allegations about enforced disappearances, but the Balochistan government admitted in the apex court on Jan 30 that it was helpless because it had no effective control over the FC which was accused of picking up people.
The court was also informed that of the 33 missing persons the FC had been accused of having picked up 19. Eight of them were with intelligence agencies, mainly the Military Intelligence, and the remaining six either with police or Levies.
At the last hearing on March 7, the court directed the Balochistan government to come up with a clear stance, whether the two military officers would be tried by it under the Criminal Procedure Code or their cases would be referred to the army authorities for trial under the army act.
The directive was issued after former additional attorney general Shah Khawar claimed that the military authorities had expressed their willingness to take over the case and try the officers under the PAA read in conjunction with the Army Regulation (Rules) 373.
The officers accused by the witnesses or complainants of picking up Baloch people are Maj Moheen (Usama) and Maj Saif. They worked in the FC on deputation but later sent back to their parent department, the Military Intelligence. Earlier, retired army officers Khalid Muneer Khan, Gen Muzaffar Afzal and Gen Khalid Zaheer who had served as directors general in the National Logistics Cell on different occasions were reinstated in the army and later tried by the court martial when their cases were referred to the National Accountability Bureau on corruption charges.
“No-one knows what happened to the court martial proceedings and whether they were sentenced or exonerated,” a senior lawyer said on condition of anonymity.
On Tuesday, Irfan Qadir informed the court that the federal government would try the army officers under the army act.
Referring to the mass graves found in Khuzdar, Advocate General of Balochistan Nizamuddin said a one-man tribunal of Justice Mohammad Noor Meskanzai of the Balochistan High Court was yet to complete its investigation and had sought another six months.
But he said he had no idea when asked by the court if DNA samples had been sent to a laboratory.
“Do you come here on a pleasure trip,” the court said and ordered him to inform it about the latest situation on DNA on Wednesday.
