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RAWALPINDI, Aug 21: A local court in Rawalpindi handed over three army men who were detained by Rawalpindi’ Sadar Baironi police in connection with a murder case to the military authorities on Wednesday.
The three army men, Hawaldar Mohammad Ashraf, Syed Yasir Ali Shah and Naik Tauqeer Hussain, as well as Col Mudassar of Strategic Planning Division (SPD), had allegedly killed a civilian Hamid Nawaz and had seriously injured his brother Nouman Ashiq on August 14 2013 using official weapons.Furthermore, they had allegedly closed down the entire bazaar at Quaid-i-Azam colony near Dhamial by displaying weapons and terrorising the public. The three accused were arrested by the local police at the spot, but Col Mudassar managed to escape.
Following the arrest of the army men, Director SPD Brig Aftab Afzal and Col Fawad Ahmed Malik approached the court of civil judge Ahsan Raza through their counsel and requested custody of the army men.
The SPD counsel told the court that the police could not detain army officials who were working in sensitive organisations. He said under the Army Act, army men could only be investigated by military authorities and if found guilty, could be court-martialled.
He said the detention of army men by the police could result in leakage of sensitive information related to strategic assets.
On the other hand, Colonel (retired) Inamur Rahim, representing the victim’s family, opposed the handing over of army men to the military authorities.
He said the Pakistan Army Act (PAA) 1952 empowered officers of the military authority to claim offenders for trial but the police could investigate the matter before handing over the accused.
He said under the army rule and instruction (ARI 2000), the police should be assisted in an investigation against military personnel which fell within the police jurisdiction.
He said military personnel had no special privileges in this aspect and a commanding officer could not impede the arrest or investigation by the civil police.
However, the court decided in favour of the SPD director and handed over the possession of the three army men.
Meanwhile, Col (retired) Sajjad Akhtar Malik, another counsel of the victim’s family, also wrote a letter to the Adjutant General of army in which he alleged that senior SPD officials were impeding investigations in the said murder case.In the letter, he said Brig Aftab Afzal and Col Fawad were attempting to take over the custody of the accused persons using a fake letter.
He referred to the recent proceedings of a missing person case in which the Supreme Court directed the local police to proceed against a serving major of the Military Intelligence (MI).
Mr Malik requested legal action be initiated against the two officers for impeding the investigation process because they had misled the court of law by presenting a fake letter.
Civilian?s murder case: Armymen handed over to military authorities - DAWN.COM
The three army men, Hawaldar Mohammad Ashraf, Syed Yasir Ali Shah and Naik Tauqeer Hussain, as well as Col Mudassar of Strategic Planning Division (SPD), had allegedly killed a civilian Hamid Nawaz and had seriously injured his brother Nouman Ashiq on August 14 2013 using official weapons.Furthermore, they had allegedly closed down the entire bazaar at Quaid-i-Azam colony near Dhamial by displaying weapons and terrorising the public. The three accused were arrested by the local police at the spot, but Col Mudassar managed to escape.
Following the arrest of the army men, Director SPD Brig Aftab Afzal and Col Fawad Ahmed Malik approached the court of civil judge Ahsan Raza through their counsel and requested custody of the army men.
The SPD counsel told the court that the police could not detain army officials who were working in sensitive organisations. He said under the Army Act, army men could only be investigated by military authorities and if found guilty, could be court-martialled.
He said the detention of army men by the police could result in leakage of sensitive information related to strategic assets.
On the other hand, Colonel (retired) Inamur Rahim, representing the victim’s family, opposed the handing over of army men to the military authorities.
He said the Pakistan Army Act (PAA) 1952 empowered officers of the military authority to claim offenders for trial but the police could investigate the matter before handing over the accused.
He said under the army rule and instruction (ARI 2000), the police should be assisted in an investigation against military personnel which fell within the police jurisdiction.
He said military personnel had no special privileges in this aspect and a commanding officer could not impede the arrest or investigation by the civil police.
However, the court decided in favour of the SPD director and handed over the possession of the three army men.
Meanwhile, Col (retired) Sajjad Akhtar Malik, another counsel of the victim’s family, also wrote a letter to the Adjutant General of army in which he alleged that senior SPD officials were impeding investigations in the said murder case.In the letter, he said Brig Aftab Afzal and Col Fawad were attempting to take over the custody of the accused persons using a fake letter.
He referred to the recent proceedings of a missing person case in which the Supreme Court directed the local police to proceed against a serving major of the Military Intelligence (MI).
Mr Malik requested legal action be initiated against the two officers for impeding the investigation process because they had misled the court of law by presenting a fake letter.
Civilian?s murder case: Armymen handed over to military authorities - DAWN.COM