The federal government on Tuesday urged the Supreme Court to vacate its stay order that it earlier granted against execution of death sentences awarded by the recently-established military courts under the 21st Constitutional Amendment. Taking up 28 pleas filed against the 18th Amendment and establishment of the military courts under the 21st Constitutional Amendment on April 17, a full court bench of 17 judges led by Chief Justice Nasirul Mulk had granted a stay order in response to an application of Supreme Court Bar Association (SCBA).
The SCBA counsel, Asma Jahangir, on April 16 sought a stay order from a full court bench against execution order of a military court and death sentences till final adjudication of 28 pleas filed against military courts.
The bench suspended death sentences awarded to six terrorists by military courts under the 21st Constitutional Amendment and granted a stay order in the matter. Filing reply in the matter on Tuesday, the Attorney General for Pakistan, Salman Aslam Butt, prayed the court to dismiss the application of the SCBA, arguing the petitioner has no locus standi to challenge the convictions through a miscellaneous application.
The federation submitted that the stay order granted against the executions without determining the basic issue of jurisdiction would amount to assumption whether or not the Supreme Court had jurisdiction in the matter. The federal government further submitted that the Supreme Court has no appellate jurisdiction against the decision of the Field Court General Martial (FGCM) as envisaged in Section 133 of the Act which is a substantive law passed by the Parliament of the country.
The federation said that under the Act there are a number of steps including a mercy petition to the Chief of Army Staff as envisaged under section 131(1) of the Act, adding that an appeal under Section 133(b) thereof and then a mercy petition to the President before the punishment given is executed.
The federal government pointed out that the process usually takes about six months whereas the six persons have been convicted only a few days ago. The federation requested the Supreme Court to reconsider and recall its stay order in the matter in the interest of justice saying, "An ad interim order passed by this Hon'ble Court is rather premature particularly when other remedies are available but were not exhausted". A full court bench of 17 judges led by Chief Justice Nasirul Mulk will resume the hearing of identical petitions filed against the 18th Amendment and establishment of the military courts under the 21st Constitutional Amendment on Wednesday (today).
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