The Supreme Court Thursday sought assistance from Attorney General for Pakistan (AGP) and Advocate General KPK over the jurisdiction of civil or military court regarding proceedings against a serving Naib Subedar in the missing persons' case. On March 21, 2014 the Defence Minister lodged an FIR under Section 346 against the army man, allegedly involved in the illegal removal of 35 undeclared inmates from an internment centre in Malakand.
Appearing in the case of missing persons before a three-member bench of Justice Jawwad S Khawaja, AGP Salman Aslam Butt submitted that with reference to Pakistan Army Regulations an FIR could be registered against a serving army official. However, the bench questioned about the forum to hold the trial of an army official after registration of an FIR.
During proceedings, Advocate General KPK Latif Yousufzai apprised the bench that military trial of these officials was near to conclusion, adding that statements of witnesses had already been recorded. One of the members of the bench, Justice Gulzar Ahmed, remarked that if the court declared transfer of the case as illegal then all the court proceedings would become ineffective. He said that the case was going on since August 5, 2013 and the court had passed a number of orders regarding the recovery of 35 missing persons, including Yasin Shah. Latter, the hearing of matter was adjourned for ten days.
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