Military court ruling challenged in SC

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NASIR IQBAL — PUBLISHED 19 minutes ago

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The petition demands that the conviction records must be provided. —AFP/File

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The petition demands that the conviction records must be provided. —AFP/File


ISLAMABAD: The father of a death-row convict Haider Ali, who received the sentence from a military court, challenged the ruling in Supreme Court on Saturday.

The convict's father filed a petition in the apex court through Advocate Zulfiqar Bhutta. According to Section 3 of Article 184 of the Constitution, the federal government, secretary of defence, General Officer Commanding (GOC) for Malakand division and Home secretary have been made a party to the petition.

A copy of the petition obtained by Dawn.
The petition states that Haider Ali was about 14 years old at the time of his arrest in 2009. On demand of military officials in Swat, the petitioner's son was produced before military authorities and was taken into custody. He was shifted to an unknown location for investigation.

After six years, Haider's father found out that that his son is in Central Jail, Temargara in Lower Dir and filed a petition challenging his conviction after finding out that his son has been sentenced to death by military courts in Swat.

A copy of the petition obtained by Dawn.
The petition further states that the convict's father has been unable to obtain records of the case as well as the military court's ruling in order to file a case against the judgement.

Earlier this week, the Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan.

Petitions challenging the 21st amendment were dismissed in a majority 11-6 vote of the 17-member SC bench. Chief Justice Nasirul Mulk and Justice Dost Muhammad announced the verdict.

In a 14-3 majority vote, petitions challenging the 18th amendment were also dismissed by the bench. Judges provided seven opinions and two additional notes on the ruling.

The Parliament had passed the 21st Amendment and the Pakistan Army Act, 1952, to establish the special courts after the massacre at Army Public School, Peshawar, last year.

On April 16 the apex court had suspended executions of six militants who were awarded death sentence by the military courts.

The stay order was issued on an application filed by rights activist Asma Jehangir on behalf of the Supreme Court Bar Association (SCBA) after army chief Gen Raheel Sharif had ratified the death sentence to six militants and life imprisonment to one by the military courts.

The judgement on the 21st Amendment as well as the 18th Amendment will be the last major verdict by Chief Justice Nasirul Mulk as he will attain superannuation on Aug 16.

Over a five-month long hearing on the challenges to the 18th and 21st amendments was wrapped up by the Supreme Court on June 26.

@Zarvan @Horus @xyxmt @WAJsal @Irfan Baloch @Junaid B @Gufi @Bratva @Devil Soul @DESERT FIGHTER @salarsikander
Here we go again

 

[Jango]

As far as I understand, the court cannot challenge the final verdict of the military court, but can only consider whether the boy was in the jurisdiction of the military court.

Let's see what happens though, there's definitely more to this story.

 

[salmanACCA]

hang his father too

 

[xyxmt]

Kaha baja bajaeen hum
kaha baja bajao tum
kaha bandooq ka dar hay
kaha badoq to hogi

 

[shah1398]

Seems Tv tx reaches late in Swat.

 

[Irfan Baloch]

As far as I understand, the court cannot challenge the final verdict of the military court, but can only consider whether the boy was in the jurisdiction of the military court.

Let's see what happens though, there's definitely more to this story.

note that the challenge is not on the charges but on technical ground due to the claimed age of the offender. looking at how clean our registration system is ,if one can get birth certificates of Indian personalities then what is stopping the father from doctoring the birth certificate and records?
on other hand TTP has videos of their juvenile fighters executing army prisoners at point blank range, maybe the accused is genuinely a minor, then its a shame that his father didnt stop him from becoming a murderer, maybe the courts will let the accused go live like Malik Isaq and put over 100 murders under his belt.

why he was not sent to the army correction centre? I dont know maybe his death sentence should be changed to life imprisonment not sure how many times he has smiled and shot or beheaded prisoners but he is a misguided kid after all and we cant get away with hanging him we dont enjoy blanket immunity like say Israel.

 

[Panther 57]

note that the challenge is not on the charges but on technical ground due to the claimed age of the offender. looking at how clean our registration system is ,if one can get birth certificates of Indian personalities then what is stopping the father from doctoring the birth certificate and records?
on other hand TTP has videos of their juvenile fighters executing army prisoners at point blank range, maybe the accused is genuinely a minor, then its a shame that his father didnt stop him from becoming a murderer, maybe the courts will let the accused go live like Malik Isaq and put over 100 murders under his belt.

why he was not sent to the army correction centre? I dont know maybe his death sentence should be changed to life imprisonment not sure how many times he has smiled and shot or beheaded prisoners but he is a misguided kid after all and we cant get away with hanging him we dont enjoy blanket immunity like say Israel.

I suppose he has been taken through a court martial. They must have done his medical and age check before the proceeding. And if they have done that, then i am afraid the sentence is not review able by SC.

 

[Irfan Baloch]

I suppose he has been taken through a court martial. They must have done his medical and age check before the proceeding. And if they have done that, then i am afraid the sentence is not review able by SC.

I recall the ruckus behind the sentencing of a child molester who killed his victim and then rights group claimed he was a juvenile only to find out he was full grown man he was hanged recently sorry I didnt bother to look up his name

 

[Jango]

note that the challenge is not on the charges but on technical ground due to the claimed age of the offender. looking at how clean our registration system is ,if one can get birth certificates of Indian personalities then what is stopping the father from doctoring the birth certificate and records?
on other hand TTP has videos of their juvenile fighters executing army prisoners at point blank range, maybe the accused is genuinely a minor, then its a shame that his father didnt stop him from becoming a murderer, maybe the courts will let the accused go live like Malik Isaq and put over 100 murders under his belt.

why he was not sent to the army correction centre? I dont know maybe his death sentence should be changed to life imprisonment not sure how many times he has smiled and shot or beheaded prisoners but he is a misguided kid after all and we cant get away with hanging him we dont enjoy blanket immunity like say Israel.

There is definitely more to this story.

Remember how Shafqat Hussein was thought to be a juvenile?

 

[Super Falcon]

No pakistani has any faith on current judicery system and pak constitution these courts give bail before arrest it in itself breaking a law our courts are fill with crime no difference between judge and crimnal for me and they take entire life time of human to give verdict

Army courts are need of hour nothing above country if pak lives these judges and constitution lives for pak to live army courts should work

Desprate time desprate measures