ISLAMABAD: The Islamabad High Court (IHC) vacated stay orders regarding the execution of five ex-Navy officers who are sentenced to death by a General Court Martial decree.
A single bench of Justice Babar Sattar, on Monday, heard Navy officers’ petition, wherein, they contended that they were provided no legal assistance during the general court martial order.
The counsel for the petitioners; however, accepted that they had been granted access to the record with regard to the trial and findings in relation to the petitioners in terms of order dated 02.12.2024 and had been able to peruse the relevant record and take notes pertaining to the judgment of the Court of Appeals.
He also submitted that he had a right to be given a copy of the judgment of the Court of Appeals to enable him to file a review under Section 136 of the Pakistan Navy Ordinance, 1961 (“Ordinance”).
The assistant attorney general assisted by Commander Hamid Hayat, Deputy Judge Advocate General, submitted that the judgment of the Court of Appeal had sensitive details with regard to the terrorist incident in relation to which the petitioners had been convicted. He submitted that this was not a public document that had been published by Pakistan Navy and a copy of the same could not be handed over to the petitioners, as in such event it could make its way into the public domain, which could not be permitted.
Justice Babar noted in his written order that the matter at hand relates to the right of the petitioners to be informed of the facts and circumstances together with the reasons that resulted in their conviction to enable them to prepare their defense and challenge the findings of the Court of inquiry, as well as, the judgment of the Court of Appeals and to uphold their right to access to justice and due process as guaranteed by Article 10A of the Constitution.
He added, “As the counsel for the petitioners has been provided access to all the relevant record including the relevant excerpts of the board of inquiry together with the judgment of the Court of Appeal, this Court is satisfied that the petitioners is now aware of the facts and circumstances in which charges were brought against them, and the reasons for which they have been convicted. Consequently, they now have the relevant information to enable them to effectively defend themselves in seeking a review of the judgment of the Court of Appeals, thereby upholding their right to fair trial and due process in terms of Article 10A of the Constitution, read together with provisions of the Pakistan Navy Act.”
“As the petition has borne fruit it is disposed of accordingly,” maintained Justice Babar.
Former Pakistan Navy officers, Arsalan Nazir Sati, Muhammad Hammad, Muhammad Tahir Rashid, Hammad Ahmed Khan, and Irfanullah have filed appeals against the death sentence awarded to them vide a General Court Martial decree.
The officers were convicted in connection with the attack on Pakistan’s naval dockyard, which targeted vital naval assets.
According to media reports, the attackers boarded a Pakistan Navy frigate in September 2014, where they were spotted triggering a gun battle with commandos of the Special Services Group (SSG). At least two terrorists were killed and four others were captured during a six-hour long exchange of firing with the intruders.
Copyright Business Recorder, 2024
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