The Supreme Court on Monday issued directives to the federal government to consider amending the Pakistan Army Act 1952 that bars handing a copy of the verdict to the accused under the Field General Court Martial (FGCM). A three-member bench of Chief Justice Iftikhar Muhammad Chaudhry resumed the hearing of Colonel Akram's (Retd) two petitions seeking an amendment in the Army Act to make it consistent with the Air Force Act Rules 1957 and the Navy Ordinance that allows a copy of the verdict to be provided to the convict to enable him to file an appeal.
The petitioner also prayed that the Army Act should be amended so that the accused be examined without filing an affidavit/oath during the prosecution. The petitioner contended that under Article 10-A of the constitution every citizen is guaranteed the right to a fair trial and due process of law. Therefore, the announcement of the verdict by the court martial should be made in the presence of accused.
The counsel for the Defence Ministry Advocate Mujeebur Rehman opposed the petitions but agreed to convey the concerns of the Supreme Court to the Ministry regarding apparent discrimination in the law with the rules governing other services. He pleaded that the requirement of due process under Article 10-A of the Constitution was duly met under the Army Act, saying the petitioner was in fact demanding at least half a dozen amendments to the law. The Chief Justice remarked that the current system under the Act was against due process and fair trial and asked the petitioner to argue the court's competency in directing the government to amend the law. He clarified that the powers of the judiciary were different from those of the FGCM. Later, the hearing was adjourned till November 13 (today).
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