THE ARTICLE 199(3) OF THE CONSTITUTION OF PAKISTAN IS REPUGNANT TO THE
INJUNCTIONS OF ISLAM OR NOT???
With due respect,
I want to draw your attention to a serious matter. There are 12 condemned prisoners sentenced to death in an in camera court martial by Pak army and air force in 2005,for attacking ex dictator Pervez Musharraf in December 2003.(For details www.Airmenofairforce.Blogspot.Com) . They claim their innocence and deny any wrong doing. They describe their trail unfair, unjust, biased, politically motivated and punitive.
I want to know how they can get justice. How they can prove their innocence? No platform is available to seek justice against court martial. The article 199(3) of constitution of Pakistan, limits the power of high & Supreme Court to hear appeals against court martials.
This clause comes from 1962 constitution, drafted by Justice Shahbuddin. The question is
who is responsible for this BLACK LAW? Judiciary, military or politicians?
The fundamental rights from article 8 to 28, prescribed in 1973 constitution, do not apply to the laws, provisions, acts & rules prevail in the country before 1973.
It means fundamental rights do not apply to Army act 1952, Air Force act 1956, and Navy act. The above mentioned acts come from colonial age of British Raj.
Whose judgments in matters of law & constitution can be more accurate? Of a qualified, experienced & impartial full bench of supreme court Or of a non professional jury of military officers, who are expert in war studies not in legal issues. Offcourse, answer is full bench of Supreme Court. But how nonsense it is that in Pakistan, the verdict of full bench of Supreme Court is challengeable but not an unfair, in camera, court martial.
Is military court is more just then supreme court???
Abdul saboor the 4th detainee dies in army custody. He was facing court martial for section 2(1)(d) of army act 1952. World knows they were handed over to army from Adyala jail.
Army says that have arrest them from tribal area waging war. I ask u a question if the remaining gets death penalty by military court how will they get justice because they would not be allowed to appeal against their conviction in high or Supreme Court due to article 199(3) of constitution.
I hope you may forward this serious case of 12 inmates at death row for suo moto action of fedral shariat court (Original and Suo Moto jurisdiction Article 203-D of the Constitution empowers the court to examine and decide the question, whether or not any law or provision of law is repugnant to the injunctions of Islam) and will reply me with a
With best Regards
Representing 12 Prisoners (Held in Musharraf Attack Case)