PTI govt’s tenure: SC urged to set aside trials, convictions, sentences awarded to 25 civilians under Army Act

ISLAMABAD: The Supreme Court has been asked to set aside the trials, convictions, and sentences of 25 civilians conducted during the period of ex-prime minister Imran Khan being the chief executive of the country.

Advocate Lt Col Inam-ul-Rahiem (retd), on Tuesday, filed a petition under Article 184(3) of the constitution and cited Secretary Defence Ministry, ex-PM Imran Khan, former COAS General Qamar Javed Bajwa(retd), and ex-DG ISI Lt-Gen Faiz Hameed(retd), Judge Advocate General, JAG Branch GHQ, and the registrars of all the provincial and Islamabad high courts as respondents.

He submitted that during the regime of Imran Khan as prime minister the trials of 29 civilians under the Pakistan Army Act, 1952 were conducted, and General Qamar Bajwa (retd) and Lt-Gen Faiz (retd) abetted; therefore, they have been impleaded in person.

He alleged that trials of 29 civilians were conducted on the order of ex-PM Imran Khan; therefore, his conduct is an admission of illegal acts and offences for which he must be held responsible.

He stated that the matter is of public importance as the trial of civilian persons under the Pakistan Army Act, 1952, read with, the Official Secrets Act, 1923, without constitutional guarantees is of grave public importance.

He prayed the court to declare that the trials of 29 civilians under the Pakistan Army Act, 1952, read with, the Official Secrets Act, 1923, are violative of, inter alia, Section 2(1)(d)(ii) and 59(4), Pakistan Army Act, 1952, read with, Sections 3, 3A, 7, and 9, Official Secrets Act, 1923, and consequently, all such investigations and trials of civilian accused persons under the Pakistan Army Act, 1952, read with, the Official Secrets Act, 1923, and all actions taken subsequently in pursuant to it, are void ab initio and of no legal effect.

He also asked the Court to declare that ex-PM Imran Khan, General Qamar Bajwa (retd), and Lt-General Faiz Hameed (retd) (respondents No 2 to 4) had exceeded their power and illegally abducted, detained and sentenced without due process of law, the civilians and in violation of their fundamental rights and constitutional guarantees given for every citizen under the constitution of Islamic Republic of Pakistan.

Col Inam requested the apex court that criminal proceedings be initiated against Respondents No 2 to 4 for abduction, illegal detention and conviction of the 29 civilians without due process of law and in violation of the fundamental rights and constitutional guarantees for every citizen, under the 1973 constitution.

He asked the court to direct Judge Advocate General (respondent No 5) to place the complete record of trials of all civilians conducted under the Pakistan Army Act, 1952, read with, the Official Secrets Act, 1923, before the Supreme Court, for the just and fair disposal of the instant petition.

The registrars Lahore High Court, Sindh High Court, Peshawar High Court, Balochistan High Court, and Islamabad High Court (respondents no 6 to 10) be directed to place the complete record of cases of all the civilians tried under the Pakistan Army Act, 1952, read with, the Official Secrets Act, 1923, pending before their respective high courts along with complete order sheets, before the apex court for the just and fair disposal of the instant petition.

Copyright Business Recorder, 2023