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.

       

In pursuit of Justice

Civilians can express their sentiments through demonstrations protest congregations and press conferences. But being Armed Forces personnel even delay or relent in complying with an order is an offense. You have no choice; you have to do or die and are not supposed to ask “why”?
The controversial war on terror which was joined by one of history’s most notorious despot and venal General without consensus of the nation spread anger and resentment in armed forces as well as across the nation.
The ironic curtain of Armed Forces never leak any news of its defamation. There were some of the patriots in PAF who never welcomed the NATO and US forces at the PAF Air Bases. Who could not help expressing their sentiments? They denied guarding alien aircraft. They become the forthright critics of  Parvaiz Musharraf’s anti-Islamic and anti-Pakistan policies. They voted “No” in a referendum of 2002 considering it a way to save Pakistan’s ideology.
Such types of their actions infuriated the loyals of despots in Secret Services, and then what happened?
They were subjected to disappearances from their duty places by Special Investigation Branch (SIB). In habeas corpus, they faced humiliation brutal and barbaric torture and coercive interrogation tactics such as forced nudity, beating, flogging, sleep deprivation etc. by perverted torturers. One corporal Hashmat Kohat of Risalpur Airbase lost his life while suffering torture in PAF custody at AHQ Islamabad.

For obtaining confessional statements of uncommitted crimes they were brutally beaten into submission. They were told that their families were in custody of the Secret Agencies. They were threatened to cooperate and make a confessional statement as per direction, otherwise their wives would be raped.  Finally after 130 days, driven by torture and pressure, they made confessional statements of the heinous crimes they never committed.
They were court-martialed by the biased prejudiced and military chauvinist PAF Officer’s Tribunal after 21 months of their disappearance. The trial was declared secret and proceedings were tampered in the name of confidentiality. No incriminating evidence or pertaining to the case was brought against them. All witnesses were “primed” as to who the detained and disappeared Airmen were, and their reinstatement to the duties were linked to the prosecution’s desired evidence. Some of them turned “hostile.” In reprisal of turning hostile, they were also court-martialed and sentenced.
Six airmen were framed-up with fake charges of the Jhanda Chichi bridge bomb blast of 14 Dec 2004. Their plaintiff was the then president and Army Chief. So these all described elements that resulted in a terrible miscarriage of justice, and they were finally awarded death punishment because “law goes as king pleases.”
From the whole procedure of court-martial in 2005 until now they have been manacled in shackles and bar-fetters. No one can imagine the tribulation of a condemned prisoner because what the eye does not see the heart does not grieve over.
Since their disappearance in 2004, they have been facing perpetual apprehensions, persecutions, torture and human rights abuses. They are deprived even from their basic and inalienable constitutional rights, in the name of security.
The doors of higher civil courts are closed for them because the Supreme Court, who rejected their appeal in a ruling in September 2006, said that the higher civil courts did not have the authority to hear appeals against the Court Martial’s verdicts. But, this ill treatment exists only for them on the behest of hidden elements. Captain Usman Ameer’s death sentence was revoked by Apex Court on the 22nd of May in 2008, which was awarded by FGCM earlier. Lt. Colonel Munir Ahmed Gul was acquitted and restored to duty by LHC on the 12^{th of} January in 2009, who had been sentenced to two years RI by FGCM.  Civilian Imran Munir was released by the Supreme Court in July of 2007, who had been sentenced to 8 years RI by FGCM. Civilian contractor Ghulam Abbas’s sentence was quashed by SC on the 8th of May in 2009. He was given twenty three years RI by PAF FGCM in the jet fuel corruption case. Is it not the paradox of judiciary?
Still, they are deprived of the copies of their trial proceedings. Is it not ironic, that some airmen, to be hanged, cannot even see their conviction proceedings?
Verdicts of civil courts including apex court, can be challenged, criticized, and blamed with biasing and prejudice. Their punishments can be termed as harsh, cruel, political and sometime called “judicial killing” such as in Zulfiqar Ali Bhutto’s case. But armed forces and their courts are “sacred cows.”
Unaware of Criminal Law, careless of the Constitution, Armed Forces Officers’ verdicts cannot be challenged. One should recall Army roll in Pakistan history. It means that wisdom of an Armed Forces Officer is more worthy than a full bench of Supreme Court Justices in criminal cases.
Was ZAB’s (Zulfiqar Ali Bhutto) crucifixion a “judicial killing?” A matter is going to be settled. ZAB’s trial was less prejudiced by military regime of General Zia-ul-Haq than the Airmen’s trial because courts and judges were civilians at least, and that was an open trial. But in the Airmen’s case the tribunal consisted of PAF Musharraf’s loyal Officers, the trial was “top secret” and the plaintiff was the then head of the state and military chief. ZAB cannot come back by the re-opening of his case, but twelve innocent lives can be saved by the re-opening of their case.
More than 200 PAF and Army personnel were subjected to disappearances in 2004. All were detained for more than 18 months without charges. They were all declared to be “high profile terrorists” and sent to civil high security jails designed and funded by the CIA, similar to Guantanamo Bay’s Camp X-Ray.
How ridiculous! These Airmen joined the Air Force in their teens, long before the “War on Terror.” Assuming the fact that they are “high profile terrorists” means that the Armed Forces are the massive producer of terrorists.
What do these oppressed, ill-fated and unlucky Airmen actually want? They want their case to be remitted for rehearing, in open court, before an impartial Tribunal of Supreme Court Justices. They seek legal redress for maltreatment, unjust and unfair conviction.
ZAB’s hanging case is going to be re-opened.  For what?  To prove his innocence. Will somebody dare to claim the hanging of Sepoy Islam Siddiqui, who was hanged in Multan Jail on the 20th of August 2005, without giving him right of any appeal a “military’s judicial killing?” (For details http://archives.dawn.com/archives/44282) and will someone raise the question why a Corporal Technician Hashmat was tortured to death?
By: Adnan Rashid
Condemned Prisoner
Ex Junior Technician of PAF
Pak No. 862476
A Court Martialed convict of
the first attempt on Musharraf’s life case.
And other convicts are:
Ex-Chief Technician Khalid Mehmood Pak/851866 Condemned Prisoner.
Ex-Senior Technician Karam Din Pak/ 854096 Lifer.
Ex-Corporal Tech Nawazish Pak/489906 Condemned prisoner.
Ex-Junior Tech Niaz Muhammad Pak/860186 Condemned prisoner
Ex-junior Tech Nasrullah Pak/865001 Lifer

List of convicts in Musharraf Case

List of Army Personnel

List of PAF personnel dismissed part 1

List of PAF personnel dismissed Part 2

List of Persons still in Jail

List of  PAF Personnel Court Martial Part 1

List of  PAF Personnel Court Martial Part 2

Case Details Of Akhlas Ahmed (a Russian Citizen Falsely abducted by Pak Force)

Akhlas Ahmed 's Passport with Pakistani Visa

Akhlas's Russian Passport, According to Law , Being a foreign Citizen he cant be put into trial in by the Military Court. But we see the reverse Action and blatant tyranny.

Akhlas Ahmed's Russian Bird Certificate certifying he's Russian Citizen

BBC Reports

Lord Ahmed of Rotherharm writes to the Russian Ambassador explaining how a Russian Citizen was wrongly captured by Pakistani forces. The dates stated against him contradicts with his presence in Pakistan. He was not present in Pakistan during those years which is held against him as proof.
Another big mishap is that a Foreign Citizen cant be put on trial by a Military Court But in Akhlas's case this Law is not being considered cos Law goes as the King pleases.
Akhlas family was not even informed about the abduction until two years after. What a Cruelty ?

Sepoy Islam Uddin Siddiqui was pronounced death punishment

 

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.

Abdul Islam Siddiqui, a soldier of the Pakistan Army hanged in 2005 after an in-camera military
trial for his alleged involvement in the Dec 2003 attack on then president Pervez Musharraf`s
convoy, was denied right to file writ in any superior court, Dawn investigations show.
The case of six other co-accused from the Air Force is currently in the apex court. Two of the
soldiers turned prosecution witnesses, but alleged torture and coercion by military authorities
nevertheless.
“The military authorities tortured us to get a false statement against Siddiqui. Brigadier Feroz,
who was supposed to be our defending officer, threatened us into get our signatures on an
English-language statement.
“Prosecutor Brigadier Liaqat threatened us with dire consequences unless we signed the
statement and Siddiqui`s defending officer, a major whose identity I`ve been unable to ascertain,
was browbeaten by military court officials every time he tried to argue in Siddiqui`s support,”
claims a former soldier Hafiz Mohammad Ashfaq. He was subsequently released but dismissed
from service without benefits.
Havaldar Mohammad Younis, another witness who deposed against Siddiqui and is currently
incarcerated in Gujranwala jail, also alleged torture.
In an undated hand-written note to his family, he claimed that he was subjected to torture for 10
months in Rawalpindi cells to extricate a false statement against Siddiqui.
“I filed an appeal before Maj-Gen Ahmed Shuja Pasha [current ISI Chief and the then military
judge hearing appeals against conviction] who merely completed the procedural formality before
upholding my sentence,” Younis said in his note.
“He did not provide a lawyer or summon my witness and did not even care for my refusal to
depose before him.”
Attempts to secure the army`s version of events failed as military spokesman Maj-Gen Athar
Abbas did not respond to calls or a detailed text message.
“Recent Supreme Court verdicts have established that persons convicted by military courts have
the right to file writs in high courts,” said former attorney-general Malik Mohammad Qayyum.
“I recently represented some Air Force personnel in a similar case in the SC, which upheld their
right to move the judiciary against the military court verdict.”
Siddiqui was prosecuted by in-camera trial and executed on Aug 20, 2005. Record shows that he
was sentenced to death before Dec 25, 2004, when this fact was officially announced.
Siddiqui`s family quote him as saying that he had filed appeals before military appellate courts
right up to the army chief, but all were rejected.
“The appeal process in the army is contradictory,” said Colonel (retd) Akram, a former military
lawyer.
“When the army chief confirms a death sentence, the convict can file an appeal in a military
court of appeal which is headed by a military officer subordinate to the army chief.” He added
that it was strange that General Musharraf — the target of the attempted murder — decided the
fate of an appeal as the army chief. And, had Siddiqui been allowed the due process of the law,
his mercy petition would have been presented to Pervez Musharraf in his capacity as president.
Under the law, such appeals — once rejected by the army chief and confirmed by appellant
military courts — go to high courts and then the Supreme Court.
If the appeal is rejected by the apex court, a mercy petition is filed before the president. In
Siddiqui`s case, the process of law appears to have been short-circuited.
President Musharraf rejected Siddiqui`s appeal as army chief and when this was confirmed by an
appellate military court, it was interpreted by jail authorities as a rejection of his mercy petition
by Musharraf in his capacity as the president.
“You are hereby informed that your son Islam Siddiqui, who was sentenced to death for an
attempt on the life of the president and whose appeals have been dismissed, including a mercy
petition that has been rejected by the president of Pakistan, will be hanged to death [sic] on Aug
20, 2005,” said the Aug 13, 2005, letter from the jail authorities to Siddiqui`s father Karim
Buksh, mother Maria Kalsoom and brother Umer Islam Siddiqui.
Siddiqui`s family members accuse jail officials of stopping them from challenging the death
sentence in superior courts.
“Ten days before his scheduled execution, I reached Multan jail accompanied by our lawyer and
the prison authorities refused to let us meet my brother saying that the army had strictly
forbidden it,” said Umer Islam Siddiqui.
Normally, jail authorities are responsible for filing appeals for such convicts from jail,” said
Shah Khawar [then acting attorney-general and currently the deputy AG] when contacted in
December.
Mr Qayyum said that military officials could still be held accountable.
“The family of the hanged soldier can still seek action against military authorities by filing writ
in the High Court,” he said.
“The name of the Abdul Salam Siddiqui never formally appeared in the previous proceedings of
the lower courts; we were told by the prosecutor that he was hanged in the same case but his case
details were not provided,” said advocate Col (retd) Akram.
“If a military court awards the death sentence to any accused persons, it has to be verified by the
chief of the respective armed forces; since he was the Chief of Army Staff at the time, Gen
Musharraf must have signed his death warrant,” said another lawyer, advocate Altaf Malik who
is representing the air force personnel.
Colonel (retd) Akram, said that they never knew that there was a seventh accused in the case.
“We came to know about him through media reports after his execution and later the army
prosecutor told me that since he was an army man, his case was separated from the Air Force
persons,” said Akram.
“Even if he was involved in the assassination attempt, though, he should have been tried with the
rest of the accused persons.”
35-year-old Siddiqui, a father of three who worked for Company No. 1 of the Defence Services
Guard, was charged with pressing the button of the remote control device which caused an
explosion on Jhanda Chichi Bridge on Dec 14, 2003.
Immediately prior to his execution, Siddiqui wrote a two-page letter to his family claiming
innocence.

After the illegal and unconstitutional Death- sentence in 2003.

CJ's Statement

http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=6504&Cat=13

Cj urges for moving towards changing laws that doesn't comply with the human rights. We also urge that parliament should take move in amending such a inconsistent law (i.e) 199(3) of the Constitution. which is a black law and around 2000 of Lawyers have got a resolution passed against this black law at Bar councils of Rawalpindi and Multan.

Photos of victims detained with Pakistani Forces

Top left Sepoy Islam Siddiqui (Hanged in Multan in 2003 illegaly by Army Court).

 Second Left Akhlas Ahmed (a Russian Citizen, detained illegaly, when abducted he was only 16.).

 Third Left Naik Arshad Mehmud.

 last Left Jun. Tech Adnan Rashid.

Top Right Civilian Sarwar Bhatti.

Second Right Civilian Rana Naveed.

Third Right CPL Tech. Niaz Mehmud.

Last Right Muhammad Zubair.

Victimized PAF Personnal And their Families

MEDIA RELEASE

VICTIMIZED PAF PERSONNAL AND THEIR FAMILIES

IN PURSUIT OF JUSTICE

Being Armed Forces Personnel we have very limited or no outlets to express our  suffering, injustice and frustration in public but to comply with orders from our superiors whether right or wrong, in other words do it or die but we are not suppose to ask “why” ?

The so called war on Terrorism striped the moral fiber in our Armed Forces and let morale touch the lowest bottom because of such acts of horror.

We, the petitioners did not do nothing wrong, did not break any discipline or been guilty of any un-patriotic action but the fact is that because of our religious appearance with beard or our faith in our Islamic ideology and a vote of “NO” to the referendum of General Musharaf led our superiors to target us as “Terrorist” or anti state elements. More then 100 people were abducted out of which 6 people awarded death sentence ( one Sepoy Islam Siddiqui was hanged in August 2005 ) 77 people awarded 2 to 20 years RI and 30 people dismissed from service.

1. We were abducted and kept in lockup/torture cells more then 90 days to 2 years ( 2004 to 2006 ) against the legal provisions of any military laws and without proper trial or due process.


2. During this time witnesses were coerced to sign statements prepared by the intelligence agencies suiting their strategy / needs. Ironically even the witnesses were blind folded, shackled and hand cuffed appeared in court.


3. Victims and witnesses were threatened that their wives and sisters will be raped if they refuse to give the statement of authority’s choice.


4. Confession statements were executed by the victims under life threat, and threat of injury or harm to victim families and brutal torture tactics. As a result of brutal methods of torture some of the victims lost their partial eye site, hearing, spinal and cervical spine injuries besides loss of ankles and knee joints. Some of the victims suffer severe mental disorders and hallucinations. In one instance one victim ( Cpl Tech Hashmat Khan resident of Kohat ) passed away as a result of excessive use of force and torture which was later described as commission of suicide by the victim.


5. The victim families were deprived of their wages, living quarters, medical facilities and even security. The families lived under constant threat and insecurity and children in many cases quit schools for defamation of their parent. The families suffered unjust public humiliation which they did not deserve.


6. Victim were granted unjust dishonorable discharge from service without any recourse or right to pension or any kind of benefits.


7. The entire proceedings of all such false and fabricated cases were held in mock courts and sentences were awarded according to their choices without following any law or even universal norms of justice and Human rights.


8. The disappearances cases of civilians and military personnel aimed to protect and benefit General Musharaf were protested not only nationally but also projected internationally as gross violation of human rights.

We, the victims and our families appeal to the Chief Justice of Pakistan Supreme Court and to the masses of Pakistan for justice. The personnel still in jails in such false cases under the pretext of “Terrorism” to be released immediately. Their illegal shackles be removed without any further delay which is a violation of Supreme Court orders, and those discharged to be reinstated with full benefits and full compensation for pain, suffering and loss of wages.

We appeal to the Chief Justice of Pakistan Supreme Court of Pakistan to take SOU-MOTO action and grant justice. Justice delayed is Justice denied and we hope our appeal will not go unnoticed or unheard. We also appeal to the media both electronic and print to help us promote our genuine cause just like you ably promoted the cause of justice for the Chief Justice of Pakistan.

Pakistan Paindabad.

Plea of Zubair Ahmed's bereaved mother (A Civilian detained in Mushrraf's case)