Wednesday 22 June 2011

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 14th December 2003 and 7 were accused of the second attack, which took place on 25th 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 12th 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 14th 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 14th 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 4th 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 25th 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