A constitutional petition was filed on Monday in the Supreme Court (SC) challenging the vires of various provisions of Pakistan Army Act 1952, Pakistan Air Force Act 1953 and Pakistan Navy Ordinance 1961.
The petitioners while pleading for directives to amend the laws have prayed that at least an opportunity of appeal in the apex court be provided against the decision of military tribunals.
The petition was filed by many convicts of military court through Muhammad Ikram Chaudhry Advocate making the federation through Secretary Law and Justice and Secretary Ministry of Defence as respondent. The petitioners including Ghulam Sarwar Bhatti, (detained in Central Jail Faisalabad), Zubair Ahmed, Mushtaq Ahmad (confined in Central Jail, Rawalpindi), and Ikhlas Ahmed, (languishing in Central Jail, Faisalabad), have been convicted by military court for attempt on the life of General Pervaiz Musharraf (Retd).
The petitioners have submitted that the federal government be asked to legislate for independent military tribunals and finally to re-examine all the cases and sentences awarded to the petitioners through a larger bench of the apex court in the light of Presidential Reference in Z. A. Bhutto and other cases.
The petitioners added that on December 14 and 25 of 2003 suicidal attacks on the life of former General Musharraf had taken place at Jhanda Chichi Bridge Chaklala in front of petrol pumps, adding that the petitioners were tried by Field General Court Marshal under military laws as civilians along with military personnel and were awarded sentences. It was contended in the petition that the Armed Forces Tribunals hasd exercised the jurisdiction erroneously while denying the relief to the petitioners under the law and Constitution.
The petitioners prayed that the cases may be re-examined on the basis of constitutional rights available to public at large and on the grounds and question of law raised in the constitutional petition relating to the Armed Forces.
It was also prayed that the Sections 133 of Army Act 1952 along with other provisions in the petition be declared ultra-vires being in the negation of Article 2A, 4, 5, 9, 10, 10A and 25 of Constitution of Pakistan and denial of rights, provided under Article 175 and 203 of the Constitution negating role of an independent judiciary to every citizen including the petitioners. The learned counsel contended that when appeal under Hadood Laws in cases from Military Tribunal was available then why the same should not be applicable in other cases, adding that Martial Law psyche dominated the mindset of forces hierarchy to act above the law.