Respected Secretary District Bar Association Rawalpindi
Respected President and Bar Members,
Respected President and Bar Members,
Through this Resolution, I want to bring your attention towards a very important matter. The current situation is evident result of Prevail Musharraf’s regime. The nation is picking up the thorns he scattered. One of his worst measures was the judicial killing through the Military courts established in his era. People think that during his regime only common men were abducted from their homes. Factually, He brought the utmost harm to the national institution like that of Pakistan Army. Quite a many Army Officials were picked up and were thrown in torture cells.
In 2003, to bring some significance to his persona, he planned the attack on himself. A bridge between Jhanda Chichi and Chaklala was blown up. Kindly note that not even a fly was killed in this attempt. But people from Air force, Army and other civilians were arrested in this conspiracy. Sepoy Islam Uddin Siddiqui was pronounced death punishment in Kharyaan Military Court. He was finally being put to death crushing all the Constitutional Rights. His family came to know about his death sentence through the Newspapers. He was not availed with the chance to file Mercy Petition. Counsels were not allowed to meet him.
After that, In Chaklala and Fort Attock Military Court held the hearing of other 12 convicts of this case and awarded them Death sentence. Among them, four are of Air force, one of Army and seven others were civilians.
During the Case hearing these below grave blunders were done to send justice-deprived class into the death plunge:
- None of the convicts were allowed to avail their witness.
- They were brutally tortured for 7 whole months to bring out the Statements.
- Complaint petitioners were also kept in prison in Fort Attock to take the desired Statements.
- Civilians and Army men jointly put to trial, which, according to law has no place legally.
- After pronouncing death sentence, no Trial proceedings were provided to them.
- The convicts who insistently demanded to bring their witness, those witnesses were abducted from their places.
- Can anyone appeal against the decision without the trial proceedings Documents?
High Court and Supreme Courts have maintained the decisions made by Court Martial due to the Article 199(3) of the Constitution.
Now when, on Presidential Reference Z.A Bhutto’s case is under hearing. Do those 12 convicts not even deserve that their cases be send as Reference from Federal Government to the Supreme Court? So that the wounds gifted by Army Dictators be healed.
Beside this, We Implore to the respected members of Parliament that Article 199(3) be discharged from the Constitution. Under which, people associated with Pakistan Army can’t challenge the decisions of High profile officials of Army. Unfortunately, the first dictator of Pakistan got this exemption in 1962 for the Army and today, this lapse is present in the Constitution of 1973. Due to which, people who defied against Prevail Musharraf to obey his immoral and illegal commands were dismissed by the so-called army Court rulings. Even today, in the Democratic era due to this Article of the constitution, doors of courts are closed for them. They are deprived of justice. People associated with Armed forces should be given the right to appeal in High Courts like it’s done in Democratic Countries.
The Torch bearers of Law and Justice; lawyers, Expect the nation that they demand the Federal Government through this resolution that Presidential Reference be send about these innocent prisoners and the Constitution be amended. What could be more ruthless than to award them death just for the accusation of assassination attack? And the betrayer of Constitution, Lal Masjid, and the killed of Akbar Bughti and Benazir is enjoying a luxurious life in London without any restraint.
Prisoners awaiting death sentence:1. Civilain Mushtaq
2. Chief Tech. Nawazish Ali
3. Chief Tech. Khalid Mehmud
4. CPL Tech. Niaz Mehmud
5. Junior Tech. Adnan Rashid
6. Naik Arshad SSG Com
7. Zubair Ahmed
8. Rashid Qureshi
9. Ghular Sarwar Bhatii
10. Akhlas Ahmed (Russian Citizen)
11. Rana Naveed
12. Aamir Suhail
This Resolution was passed on 02- June- 2011, Thursday in the General Body Session with Majority votes.
Inam Ur Raheem
Advocate High Court