Case of diminishing hopes

http://www.dawn.com/2010/08/30/case-of-diminishing-hopes.html

English Translation of Rawalpindi Bar Association Press Note

Rawalpindi Bar Association Press Note
This is how ppl with truth treated here.

Prisoners again got Shifted

Hasbunallah Wa naimal Wakeel....
Adnan Rashid is being shifted to Central Jail Bannu.
Niaz Muhammad is being shifted to Mansehra District Jail.
Make Dua for them.

Prisoners Moved to unknown location

Ex Jun. Tech Adnan Rashid and Jun. Tech Niaz Muhammad have been secretly shifted to some unknown location by the authorities late at night (04/09/11) . Please pray for them.





(O Allah! Break free the shackles of our prisoners and the prisoners of the Muslims. O Allah! Break free the shackles of our prisoners and the prisoners of the Muslims. O Allah! Break free the shackles of our prisoners and the prisoners of the Muslims, and return them safely to their families.

O Allah! They are in urgent need of Your Mercies. O Allah! They are in urgent need of Your Mercies. O Allah! they are in urgent need of Your Mercies, so send upon them Your Mercies. O Most Merciful, O Most Kind, so send upon them Your Mercies O Most Mericufl, O Most Kind.

O Allah! Whoever has harmed them, then harm him, and whoever has shown enmity to them, then show enmity to them.) —

May the Suppressors be destroyed O Allah!

Case of Abid Hussain Ex. CPL Tech.

You can do a great part in saving 12 lives just by writing down one letter!! it wont bring you any harm. Do your part!

You can do great help to us by writing down (Just copy the sample posted here for your ease ) the Petition Letter against Article 199(3), and post by mail to the Opposition Leader Chudry Nisar Ali Khan and Speaker National Assembly Dr. Fehmida Mirza .

Instructions:
1. Copy of the sample letter given below. just copy it down.
2. You have to write down two copies of this same text.
3. First letter will be to Nisar Ali khan and in second copy you have to address Dr. Fehmida Mirza.

(Meaning the two same copies will be sent to two officials one is to Nisar Ali khan the other is to Dr. Fehmidi Mirza. Thats all you gotta do. its really not gonna cost you much money, nor much effort. lovers of Truth have to move to bring change. Just because of this inconsistent law, 12 lives are suffering a great deal. Rise against this black law. Each of your letter will move law makers to think over this issue. Debate will be raised in the Parliament on this Law. that's how your letter will do its part in saving 12 innocent lives.
 These 12 innocent prisoners awaiting capital punishment by hanging. These men were unjustly convicted in the President Musharraf Attack Case in Pakistan. 
· Lengthy detention and pending trial, particularly, but not exclusively under the pretext of fighting extremism.
- SC as well as Civil court has denied their appeal because of this Black Law. i.e 199(3).
· Physical assaults including torture, humiliation and disregard for human rights.
we strongly urge the Government to create within Pakistan a genuine culture of respect for all its citizens by safeguarding their human and legal rights, and by actively protecting these 12 prisoners and others like them with justice and clemency, as there is no valid evidence in support of their crime.)


Respected Sir Opposition leader Nisar Ali Khan!
By means of this letter, I wish to express my views over a non-democratic law. Inside and abroad Pakistan they boast about taking a step forward for amendment in Blasphemy Law. But sadly, who claim to be torch bearers of human rights don’t give even a slight attention to a Black Law, due to which, Pakistanis have suffered a great deal.
Article 199(3) of the Constitution, which was taken as an exemption by the first dictator of Pakistan to protect his personal aims. This is the lapse, that’s present in the constitution till now. This is due to this law that the Pakistanis, who got arrested and abducted in Musharraf Attack Case, could find no way to protect themselves from the ruthless, unconstitutional and immoral commands of Musharraf.
Even in today’s democratic rule, the doors of Courts are closed for these beings.
The first attack on Ex- President Pervaiz Musharraf took place on 14, December 2003. In which there are five convicts. Just to remind that no life lost and no one got injured in this attack. While the second took place on 25, December 2003, in which, there are seven convicts. These 12 convicts got badly entangled in to the severe barbarism of Musharraf, all that which was non constitutional, immoral, illegal. They were injuriously going through the following conditions in their own country.

1. Among them none of the convicts were allowed to bring their witness in their defense.
2. They were injuriously put to Physical assaults including torture, humiliation and disregard for human rights. By dint of torture confessional statements were taken from them.
3. Till the time of pronouncing death to these convicts, none of them were provided with their Trial Proceedings and other related documents.
4. High Court as well as Supreme Court held the decision of Court Martial, denying their appeal due to this black law of constitution 199(3) (as mentioned above).
5. In the beginning of their Trial, they were denied to access any lawyers for them.
6. They were registered with unjustifiable intentions and they were sentenced to death even though the prosecution had not produced any evidence against them. There were no legal evidence till the time court martial pronounced them death sentence.
7. Islam Siddiqi, who belonged to Defense Security Guard, was put to death in 2003 after the decision of secret court without any legal evidence, without his access to Trial proceedings and other documents, even snatching him off his right to file Mercy Petition.
8. These all convicts were arrested without any arrest warrant either abducted from different places. In other words, both the process of arrest and Case secret.I find these days in the papers that CJ Iftikhar Chuadry also urging to bring a change in inconsistent laws. We should move forward in taking concrete steps towards bringing change in such non competent laws.
I Plea, that this Black Law should be raise in the Parliament so that we can save 12 lives. Now when lawyers all over Pakistan raising their voice against this law. Rawalpindi Bar Council, in which, approximately around 1000 lawyers have passed a resolution against this law and Lawyers at Multan Bar council have passed a resolution against this black law with majority votes.
I’m positive that you will rise for this and would do your part for saving nation from the harms of this Law.
Thanking you,
ABC (write your name here)
http://airmenofairforce.blogspot.com/



 

بخدمت جناب نثار علی خان !

اس خط کے ذریعے سے ایک غیر انسانی اور غیر جمہوری مسئلے کے خلاف آواز اٹھانا چاہتا /چاہتی ہوں۔ پاکستان میں اور پاکستان سے باہر قانون رسالت بل کے بارے میں تو زور و شور سے بولا جاتا ہے لیکن افسوس کے ساتھ کہنا پڑتا ہے کہ وہ لوگ جو خود کو انسانی حقوق کا علمبردار ہونے کا مینار کہتے ہیں ایسے قانون کی طرف آنکھ اٹھا کر بھی نہیں دیکھتے جس کی وجہ سے پاکستانی شہریوں نے حد درجہ تکلیف اٹھائی اور ٹھوکریں کھائیں ۔

آئین کی شق ۱۹۹ (۳)  جو کہ پاکستان کے پہلے آمر نے ۱۹۶۲ میں اپنے مذموم مقاصد کے حصول کے لیے استثنیٰ کے طور پر حاصل کیے تھے ، یہ وہ خلاء ہے جو آئین میں آج تک موجود ہے ۔ وہ پاکستانی شہری جو کہ مشرف حملہ کیس میں پکڑے یا گرفتار کیے گئے اس کالے قانون کی وجہ سے مشرف کے بے دردانہ ، غیر آئینی اور غیر اخلاقی عمل تلے دبوچ دیے گئے تھے ۔ اور آج کے جمہوری دور میں بھی ان پر عدالت کے دروازے بند ہیں ۔

سابقہ صدر پرویز مشرف پر حملہ ۱۴ ، دسمبر ۲۰۰۳ میں ہوا جس میں پانچ ملزمان ملزم ٹھہرے ، یہاں یہ بات غور طلب ہے کہ اس حملے میں کوئی جانی نقصان نہیں ہوا اور نہ کوئی زخمی ہوا ۔ جب  کہ دوسرا حملہ جو کہ ۲۵ دسمبر ۲۰۰۳ میں ہوا ، اس حملے میں سات ملزم ٹھہرے ۔ یہ بارہ ملزمان غیر قانونی ، غیر آئینی اور غیر اخلاقی طور پر مشرف کی اندھی بربریت کا شکار کچھ اس طرح ہوئے :

۱۔ اس میں کسی ملزم کو اپنے خلاف گواہ لانے کی اجازت نہیں تھی

۲۔ ان کو کئی ماہ تک مسلسل ظالمانہ تشدد کا نشانہ بنایا گیا اور انسانی حقوق کی بے دریغ پامالی کی گئی ۔ اسی تشدد کی بنیاد پر ان سے اعترافی بیان لیے گئے ۔

۳۔ سزائے موت کے مرحلے تک مقدمے کے کاغذات (ٹرائل پروسیڈنگ ) تک رسائی دینے سے مکمل انکار کیا گیا

۴۔ ہائی کورٹ اور سپریم کورٹ نے ان کی اپیل کو آئین کی مذکورہ بالا شق ۱۹۹ (۳)  کی وجہ سے مسترد کر دیا ۔

۵۔ ٹرائل کی شروعات میں کسی وکیل تک رسائی کی اجازت نہ دی گئی ۔

۶۔ کوئی قانونی شہادت موجود نہ تھیں یہاں تک کہ کورٹ مارشل نے انہیں سزائے موت سنا دی ۔

۷۔ ڈیفنس سیکیورٹی گارڈ سے تعلق رکھنے والے اسلام صدیقی کو آرمی کورٹ نے بغیر کسی قانونی شہادت ، مثل مقدمہ اور مقدمہ سے متعلق دیگر کاغذات تک رسائی دیے بغیر ، یہاں تک کہ رحم کی اپیل دائر کرنے کا حق ان سے چھین لیا گیا اور خفیہ عدالتی مقدمہ میں سنائی گئی سزا کے تحت ۲۰۰۳ میں غیر قانونی اور غیر آئینی طور پر سولی پر چڑھا دیا گیا ۔

۸۔ اس سب ملزمان کو بغیر کیسی اریسٹ وارنٹ کے گرفتار کیا گیا ۔ یعنی گرفتاری بھی خفیہ اور مقدمہ بھی خفیہ چلایا گیا ۔

اب جب کہ چیف جسٹس افتخار چوہدری کے ایسے بیانات اخبارات میں آئے ہیں کہ ایسے قوانین کی ترمیم کے لیے آگے بڑھنا چاہیے جو انسانی حقوق کی پامالی کا باعث ہیں ۔ میں آپ سے گزارش کرتا /کرتی ہوں کہ اس قانون کو پارلیمنٹ میں اٹھایا جائے تاکہ ۱۲ معصوم لوگوں کی جانیں بچ جائیں ۔

اب جب کہ پاکستان بھر کے وکلاء اس قانون کے خلاف اٹھ کھڑے ہوئے ہیں ، راول پنڈی بار کونسل ، جس میں تقریبا ایک ہزار کے قریب وکلاء اور ملتان بار کونسل کے وکلاء نے اکثریتی ووٹوں کے ساتھ اس قانون کے خلاف قرار داد پاس کی ہے ۔

میں امید کرتا ہوں کہ آپ اس آواز کو اٹھائیں گے  اور معصوم جانوں کے نقصان کے خلاف اپنا کردار ادا کریں گے ۔

شکریہ

اے بی سی

http://airmenofairforce.blogspot.com/

ISLAMABAD:19th July Report of Dawn newspaper

Two ex-servicemen and four civilians, who were sentenced to death by the Field General Court Martial in 2005 for two assassination attempts on former president Gen (retd) Pervez Musharraf, moved the Supreme Court here on Monday requesting it to direct the government to provide one right of appeal against the decision of the military court by amending relevant rules.

Advocate Mohammad Ikram Chaudhry filed separate petitions on behalf of Arshad Mehmood, former Naik in the Pakistan Army, and Nawazish Ali, ex-chief technician in the Pakistan Air Force, and civilians Ghulam Sarwar Bhatti, Zubair Ahmad, Mushtaq Ahmad and Ikhlas Ahmad.

The army personnel and civilians were arrested for their alleged role in suicide attacks on Gen (retd) Pervez Musharraf on Dec 14, 2003, at Jhanda Chichi Bridge in Rawalpindi and on Dec 25, 2003, in front of a petrol pump also near Jhanda Chichi.

After in-camera hearing, the Field General Court Martial awarded death sentences in July 2005 to the ex-servicemen and civilians under the Army Act, 1952, which were later confirmed by the vice chief of the army staff.

The petitioners have pleaded before the apex court to recommend to the government to amend the Army Act, 1952, Pakistan Air Force Act, 1953, and the Pakistan Naval Ordinance, 1961, to provide at least one opportunity of appeal against the decisions of the army tribunal, either before the Supreme Court or before an independent military tribunal as was done by the Indian government in 2007 through an appropriate legislation and as in practice in countries like the US, UK and Canada.

They have also requested the court to ask the federal government to legislate for independent military tribunals and finally to re-examine all case laws from F.B. Ali to this day by constituting a larger bench of the Supreme Court and also re-examine the sentences awarded to them in the light of the presidential reference in the Zulfikar Ali Bhutto case.

The federal government through secretaries of law and defence are respondents in the case.

The petitioners contended that the amendments made during the Pervez Musharraf regime in three military laws to bring civilians under the jurisdiction of military tribunals were against the Constitution and, therefore, liable to be struck down on the touchstone of Article 8 of the Constitution which declared as void all laws inconsistent with or in derogation of fundamental rights.

They pleaded before the court to declare Section 133 of the Army Act, 1952, as ultra vires of the Constitution because it negated a number of constitutional provisions like Article 2A (Objective Resolutions to be part of the Constitution), 4 (right of individuals to be dealt with in accordance with law), 5 (loyalty to State and obedience to Constitution and law), 9 (security of persons), 10 (safeguards as to arrest and detention), 10-A (right to fair trial), 25 (equality of citizens), denial of rights under Article 175 (establishment and jurisdiction of courts) and 203 (high courts to superintendent subordinate courts).

The petitioners contended that the said military laws denied fundamental rights of fair trial and due process through independent and impartial tribunals.

They have raised questions whether a subordinate enactment expressly or widely worded can take away the jurisdiction of superior courts in civil and military offences, whether Section 133 of the Army Act is in contradiction with the provisions of the Constitution and whether or not under Article 184(3) of the Constitution (apex court’s jurisdiction to enforce fundamental rights) the Supreme Court enjoys the authority to look into the vires of any law to do complete justice.
http://www.dawn.com/2011/07/19/right-to-appeal-against-military-court-verdict-sought.html

The Copy of Resolution Passed against Article 199(3) at Bhahawalpur Bar

Resolution Passed At Rawalpindi Bar against the Article 199(3)

 Respected Secretary District Bar Association Rawalpindi
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

Five Questions of Law that can ground for Re- Opening of Bhutto Case Why it cant be for Musharraf attack case

Court accepts 5 questions of law
* SC agrees to set up larger bench, fixes hearing for May 2
* Nominates 10 amici curiae to assist court over issue
* Directs AGP and five advocate generals to assist court
By Hasnaat Malik


ISLAMABAD: The Supreme Court onThursday admitted five preliminary questions of law from a reframed presidential referencefor revisiting the Zulfikar Ali Bhutto case.
A three-judge bench, comprising Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, Justice Muhammad Sair Ali and Justice Ghulam Rabbani, after settling thepreliminary questions on the reference, agreed to set up a larger bench for initiation of its advisory jurisdiction proceedings over the issue.
The bench also nominated Ali Ahmed Kurd, Tariq Mahmood, Hafeez Pirzada, Fakhruddin Ebrahim, Khalid Anwar, Makhdoom Ali Khan, SM Zafar, Aitzaz Ahsan, Zahoorul Haq and Abdul Latif Afridias amici curiae. It also sought assistance of the attorney general of Pakistan, advocate generals and SCBA president on the issue.
At the outset of the proceedings,counsel for the federation, Babar Awan, submitted and read to the bench the following questions:

1) Whether the decision of the LHC and SC in the murder trial against Bhutto meets the requirements of fundamental rights as guaranteed under Article 4 sub-articles (1) and (2)(a), Articles 8, 9 and 10A/due process, Articles 14 and 25 of theconstitution? If it does not, its effect and consequences.

2) Whether the conviction leading to the execution of Bhutto could be termed a decision of the SC building on all other courts being based upon or enunciating the principle of law in terms of Article 189 of the constitution? If not, itseffect and consequences.

3) Whether in the peculiar circumstances of this case, awarding and maintaining of the death sentence was justified or itcould amount to deliberate murder keeping in view the glaring bias against Bhutto?

4) Whether the decision in the case fulfils the requirements of Islamic laws as codified in the holy Quran and Sunnah of the holy Prophet (PBUH)? If so, whether present case is covered by doctrine of repentance, specially mentioned in the following Suras: (a) Sura Al-Nisa verses 17, 18; Sura Al-Baqra verses 159, 160 and 222; Sura Al-Maida verse 39; Sura Al-Aaraaf verse 153; Sura Al-Nehal verse 119 and Sura Al-Taha verse 82 (b) Sunan Ibn-e-Maaja, chapter 171, hadith 395. What are the effects and consequences of doctrine-repentance?

5) Whether on the basis of conclusions arrived at and inference drawn from the evidence in the case an order forconviction and sentence against Bhutto could have been recorded?”

An Open Letter to the Chief Justice of Supreme Court of Pakistan

Assalam o Alekum,

I’m presenting this letter to you by means of Media. Hoping that without being under pressure you would take some positive steps. Soon, there’s a case of 12 convicts of Capital punishment is going to be presented before you.  These convicts were awarded the punishment on the allegation of Attack on the Dictator Pervaiz Musharraf.

Among them, 5 were accused of first attack which took place on 14^th December 2003 and 7 were accused of the second attack, which took place on 25^th December.

These punishments were awarded by Air force and Army Court Marshall, one after another. 4 men of Air Force, One of Army and other 7 civilians, in which one Foreigner are include.

 I Joined Air Force in July 12^th 1997 as a Technician. After 9/11, I was against the pro-American and Anti-Pakistan policies of Pervaiz Musharraf. Even being in Uniform I voted “NO” in the so-called Referendum of 2002. Overwhelmed with the sentiments, I critically spoke in the open gatherings and on the places of my duties against the policies of Musharraf. Due to which, Secret agencies came into move against me.

On 14^th December 2003, Musharraf consipired this attack according his pre-planning to attaint required benefits. In this regard, statements of Political leaders of the time are worth attention. For instance, Current President Zardari said” This attack is Musharraf’s own plot to gain fame. Nawaz Shareef said, “This is a total bamboozling”. Etc.

On January 2004, at night I was being abducted by the workmen of Secret Agencies. At that time, I was discharging my duties at Mangli Airbase Quetta. The behavior after the abduction is out of explanation. Probably, the atrocities were far more extreme than what’s done at Guantanamo Bay.

Under section 324 (to attempt on the life of president), I was awarded Capital Punishment in a false case. There isn’t any Eye-witness nor any proof in black and white, any verbal or any other material in this case. Whatever the command Military court was given directly from Musharraf on the phone was a definite decision. And decision of the kind that the Appeal court of Air Force maintained. The entire Judges of Rawalpindi Lahore High court bench denied hearing due to personal reasons. Lahore High Court denied even hearing of the Appeal.  Knocked on your door, at that time you weren’t dismissed. I was showed my death-warrant two times. But, Alhamdulillah, I didn’t yield to them and denied to take to mercy petition.

Glory of Allah, you were put on a trial and you, too, said “NO”. And then you were being shown the cloven hoof. You were charged with allegations. You character assassination was done.  Just think! Just evaluate! When The Chief Justice of a country is brought to this end, what would have been done to a minor Airman?

You did a “NO” before Musharraf and I did one Too. But he couldn’t have control over you. But he succeeded in sending me to a dungeon of death. Moreover, Door of Civil courts were closed for me. Where do I find Justice now?

In this false case, I’m given death-sentence under section 324 which is absolutely false. Factually, nobody was killed or injured in this incident. Maximum happened was trivial harm to the bridge. In real sense, I was given death sentence for the harm done to cement gravel. Not only this, but 13 other Air men are also awarded death punishment and two of them got life imprisonment. These Air men also voted “NO” in referendum.

If one wants to evaluate the result of “YES’ or “NO”, enough for one to see the destruction of single “YES” to America, that brought us to the present edge of destruction and single “NO” of yours to Pervaiz Musharraf.

Let me tell you about my life in Jail. During the period of your dismissal, you were strewed with flowers and I was being tied to bar fetters. I was exposed to open sky after 3 whole years. Just for reading newspapers, had to writ in Lahore High Court. Even more strange, This decision took 3 month to reach me. It took full 9 months to get through it. The admin of Udyala Jail used to stripped off my cloths and torture me physically. I’m exposed to many neurological diseases but no treatment.

Why does our country have double standards of Justice? Why there’s a difference in law to reach rich and poor evenly. There were 2 attacks on Musharraf in 2008 also. Their hearing is done by ATC Civil Courts. They are blessed with the right to appeal and their Case is open too. They are getting coverage as well.

Did you notice that the regime of Pervaiz Musharraf has been finished and these convicts are not court marshaled?  Neither In-camera trials nor closed doors of civil courts for them.

You say, Constitution doesn’t allow you Hearing against court marshal. So, don’t you think that centuries old British Military laws are to be mould into constitutional way? Who would amend the constitution and when?  Probably when Bilawal or Hussain Nawaz would be entangled into the trap of court marshal? Like the condition of B.A was ruled out for parliament eligibility.

Can we call that country a welfare state where 5 innocents are being put to death for the harm done to cement gravel? In such a country we can talk about the amendment of Blasphemy law but the decisions of Military courts are being accepted to its very letter. Can we call it an Islamic country?  Since there’s equality in Islam.

Isn’t that ridiculous, there can be an appeal filed against the full bench Supreme Court’s decision, who have the right to interpret the law and constitution?  And so on there can be appeal filed against the decision of Civil or Session Court till High court? And the Military officials who are ignorant of Law and constitution, their decisions are non- challengeable and final. You explain, in Criminal Cases, Constitutional rights or purifying martyrdom, whose decision is correct? A law expert or full bench or Military expert officials or Military Tribunal’s decision?

In the same Musharraf case, Army soldier Islam Siddiqui has been put to death sentence. He was never allowed to writ in High court. No advocate was able to reach him. Nor he was given the right of Mercy Petition. There’s an appendix of Daily Dawn’s report, Dated 24 January 2010.

Along with this letter, there is copy of two pages taken from Musharraf’s book “Pakistan first”. Which speaks of my innocence and the stratagem of his pre-planned attack is unveiled in that. Musharraf writes that he was informed of the first attack (of 14^th December) details before the attack of second attack, (which was done on 25 December, 2003) because the plotters of Air force were arrested. While, the very first person of Air Force who was abducted was me at night, on 4^th January, 2004.

Hence proved that the story was pre-written and characters were casted by arresting innocent people. Moreover, scores of other Air men and Army personnel were Court Marshaled. For details, see attached Paper cuttings, dated 25^th June, 2009.

This case, in which not a single fly was killed, Islam Siddiqui has been put to death. 5 innocents are still awaiting their death punishment.  High courts cannot hold hearing. The proceedings of Court Marshal (documents of the case) aren’t accessible to the convicts nor these proceedings can be presented before Courts or bringing the case to mainstream isn’t in the favor of the country.

Is this case more sensitive then Benazir case, Bombay attack case, Saddam Hussain’s weapons of Mass Destruction case?  Whose procedures and proceeding were accessible to the Media and these were open cases.

You say, SC can review the steps, which were even given protection by Parliament, only if they were based on malice. What are your criteria to appraise the ill-will? Can that criteria gauge the ill-will of the court marshal decisions?

Civil High courts gave decisions against Court marshal, (see attached paper cuttings).

Hoping that you would do deal with us in just way.

Thanking you

Adnan Rashid, Prisoner of capital punishment.

Ex- Jun Tech Air Force

Dr Inam Raheem's probe into Musharraf Case convicts

WILL THEY BE HANGED ?

1. It is first time that during a democratic government, when all organs of state are functioning under the constitution, the decisions of military courts established by illegal ruler Pervez Musharraf, is going to attain finality. Black period when hundreds of people went missing and still their nears and dears are on the roads with a hope to see them again.

2. On 14 Dec 2003, a blast took place on a bridge near Jhanda Chichi, it was such a plan blast that not a single fly was killed. Even nobody received injuries. Dozens of people from PAF along with good number of civilians were arrested in that connection. Their family members were also picked up by the agencies.

3. After almost one year of illegal confinement, their trials were conducted by PAF authorities at Chaklala.

4. At the commencement of the trial, no advocate was allowed to represent the accused Persons. Civilian Mushtaq, one of the accused could not avail the services of counsel (Advocate) throughout the trial. During mid of 2005, their family members came to know through newspapers that following persons had been given death sentence through court martial by PAF:

 a. Civilian Mushtaq
b. Chief Tech. Nawazish Ali
c. Chief Tech. Khalid Mehmud
d. CPL tech. Niaz Mehmud
e. Junior Tech. Adnan Rashid

5. They were charged for making an attempt on life of Gen Pervez Musharraf.

6. 2nd FGCM (Field General Court Martial) was conducted at Attock Fort, Nine individuals were charged, that they seduced the Army Personnel from their allegiance to the government of Pakistan. Whereas there is not an iota of evidence that they have ever talked even against the Federal Govt.

7. They all were arrested during Dec 2003. Their family members were also picked up. After 15 months of their arrest their trials started at Attock Fort. Even during entire period of trial, nobody was allowed to meet them.

8. Again through news papers, On 28 Aug 2005, it was revealed that out of them 5 individuals were given Death Sentences:

Sr No.	NAME	SENTENCE
(I)	Naik Arshad Mehmud	Death
(II)	Civilian  Zubair Ahmed	Death
(III)	Civilian  Rashid Qureshi	Death
(IV)	Civilian Ghulam Sarwar Bhatti	Death
(V)	Civilian Ikhlas Ahmed	Death
(VI)	Civilian Rana Naveed	Life Imprisonment
(VII)	Civilian Amir Sohail	20 years
(VIII)	Civilian Adnan Khan	10 years
(IX)	Civilian Shazia Naveed w/o Civilian Rana Naveed	Acquitted

9. Rana Naveed filed an Appeal against his Life Imprisonment in the Army Court of Appeals. The court without giving him a notice, which was mandatory, enhanced his sentence of Life imprisonment to Death.

10. Under Pakistan Penal Code Section 131 the sentence for seducing against the Federal Govt. is 10 years but malifidely the sentence of mutiny which is death has been given to them.

11. Civilian Amir Sohail did not file an appeal, even no counsel appeared on his behalf in Army Court Of Appeals, and even then his Imprisonment was also converted into Death.

12. Shazia Naveed w/o Rana Naveed (who got death sentence on making Appeal) was never released even after her acquittal by the Court Martial.

13. CJP Ch. Iftikhar, took Suo moto only then she was produced before the Supreme Court Of Pakistan, where she narrated the tale of horror, the way she was kept in a underground cell along with her child of three months where she could not see sunlight for more than two years. Her case after acquittal from Military Court was transferred to ATC Court Rawalpindi for her illegal involvement in an Act of terrorism against Gen. Pervez Musharraf.

14. Finding no evidence she was granted bail by the ATC Judge, but she could not be released from Adiyala Jail.

15. On her day of release she was picked up by Samasatta Police along with agencies people in an alleged case of Bank Dacoit registered at Bahawalpur. She was taken to Bahawalpur along with her son, who by then had reached the age of 4 years behind bars along with her mother without committing any crime.

16. Finally she was acquitted by ATC Judge of Bahawalpur due to no evidence.

17. Latter she was also acquitted by ATC Judge Rawalpindi on the charges of terrorism.

18. But the apathy of poor family did not end at all, her father in law Rana Faqir an old man, who was pursuing the case of his son Rana Naveed (death sentence) went missing during trial of his son along with Hafiz Tahir, brother of Shazia Naveed. During the cases of missing persons, on the orders of CJP Ch Iftikhar, Hafiz Tahir was produced before Supreme Court on 4th Sep 2007 and released by the court after 4 years of illegal confinement by the agencies. However Rana Faqir was shown arrested by Civil Lines Police Station on26th Aug 2007with a typical story of police that he was arrested from GT road` by police mobile where he was waiting for a bus. Only once he was produced before ATC Judge Rawalpindi and for next two years, he was never produced before any court and kept on loitering in Adiyala Jail. He was traced out by Human Right activist but he was booked under the same the charges which were framed against his son and daughter in Law at Attock Fort.

19. He is now facing a trial at ATC Rawalpindi, 38 witnesses have been examined by the court, not a single witness has pointed a finger towards his involvement in the case .Police had given a list of 165 witnesses, God knows better when the evidence of remaining witness would complete and he would get Justice.

20. Following serious Illegalities were committed during the trials conducted by Court Martial:


(i) The accused persons were put to unbearable physical torture for more than 7 months and during that period their so-called judicial confessions were obtained.

(ii) The witnesses against them were also kept in confinement at Attock Fort and under custody their statements were recorded by Court Martial. The Prosecution witnesses admitted that they were in custody for more than one year and they had been promised that if they would give statement they would be released.

(iii) Accused Persons also gave lists of defense witnesses, but they were picked up by the agencies. Not a single defense witness could appear before FGCM neither at Chacklala nor at Attock Fort.

(iv) Civilian Ikhlas at serial 18 was alleged that on 2nd Mar2001, he attempted to seduce army personals from their allegiance to duty whereas at that point of time he was not in Pakistan. He produced his passport which contained the date of entry as 16th Mar2001. The military court gave observation that the passport is genuine but have not been produced by a competent witness therefore cannot be considered and awarded death sentence. The military court was duty bound to forward the passport to Immigration department for verification but with ugly haste, it pronounced death sentence. From this one can imagine how justice was administered by such type courts.

(v) Civilians were jointly tried with the army persons, which was against the law.

(vi) Both the trials were conducted in Camera, even their defense Counsels were never given free access to them.

(vii) No legal and admissible evidence was before the court martial; even then the court awarded them Capital Punishments.

(viii) At the end of trial the Army Authorities refused to give them the Court Martial Proceedings, which was the Birth right of the accused persons as the Death sentences were awarded to them. It was refused to them that due to security reasons proceedings cannot be given to them. Actually the entire proceedings were conducted utter disregard to Military Law and Law of the land. It was an act of malafide as the proceedings did not contain any incriminating evidence against the accused persons.

(ix) Against the decision of Court Martial the convict persons filed an Appeal in the High Court. It was era of Musharraf; High Court under article 199(3) of constitution refused to interfere in the decision of Court Martial and dismissed it in limine on following grounds:

(x) Arguments of counsels could not be appreciated in absence of record of court martial proceedings.

(xi) Despite having sufficient time neither the petitioners nor their counsels made efforts to obtain CTCs of judgments of Army Court of Appeals.

(xii) The ouster of jurisdiction under clause 3 and 5 of Article 199 was absolute. http://pakteahouse.net/2010/01/24/convict-in-musharraf-attack-denied-appeal/

22. Against the decision of High Court, the convicts went to Supreme Court and then Supreme Court also did not interfere. Now the parties are again before the court in a review petition, Will the Supreme Court also follow the same beaten track adopted by High Court that it should not interfere in the decision of Court Martial delivered during illegitimate era of Pervez Musharraf. Today it is a test case for Azad Adlia.

23. Whether it protects the birth rights of citizens? Till date the convicts could not get the copies of their proceedings, can it be called a fair trial, which is right of every citizen? The man, if he be called, Pervez Musharraf is still alive, enjoying all the protocols and privileges but the persons who were falsely alleged that they attempted on his life would be hanged.
Where the Human Rights Activists have gone?
Where is Azad Media and where Civil Society is?

Dr. Inam Ul Rahiem,

Advocate High Court.

Cell # 03222998691

Email: inam.associates@gmail.com

 Defence Of Human Rights,

3^rd Floor, Majeed Plaza,

Bank Road, Saddar,

Rawalpindi.