ISLAMABAD: The federal government on Tuesday requested the Supreme Court to revoke its interim order of halting the executions of six terrorists who were awarded death sentences by the military courts established under the 21st Constitutional Amendment.
The Federation contended that these six terrorists had waged a war against the State of Pakistan, hence the interim order passed by the apex court had no basis.
The Federation, in its reply, filed through the attorney general’s office submitted that the convicts and their organisations had declared and waged a war against the State of Pakistan by slaughtering Army/Frontier Corps personnel, preparing suicide bombers, attacking armed forces/civilians and installations, which resulted in causing deaths and injuries, abduction for ransom, possessing explosives and collection of funds for terrorist organisations.
On April 16, the full court had halted the execution of six terrorists, Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir under the Pakistan Army Act 1952.
The Supreme Court Bar Association (SCBA) had filed its appeal through its former president Asma Jahangir to the apex court to pass an interim order staying the execution of the persons until the final disposal of the constitutional petition.
The Federation further contended that these terrorists convicted by the Field General Court Martial (FGCM) under the Pakistan Army Act, 1952 have an efficacious and adequate remedy under the Act, adding that the said remedy can be availed by the convicts.
“The instant petition is premature and the same is liable to be dismissed,” the Federation contended, adding that the petitioner was not a party to the trial and none of the petitioner’s rights were violated, hence it had no locus standi to challenge the convictions through a miscellaneous application.
The Federation submitted that the petitions are pending before the apex court wherein the question of the jurisdiction of the apex court is the matter in issue, which is yet to be determined by the apex court.
“In the absence of the determination of that basic issue of the jurisdiction, the order dated April 16, 2015 would amount to assumption of jurisdiction in the matter even without first determining whether this apex court had jurisdiction or not,” the Federation contended.
It was further contended that the petitioner may also have a legitimate concern with regard to the enforcement of fundamental rights, adding that the earlier judgment of the apex court, particularly in the cases of Liaqat Hussain versus Federation of Pakistan (PLD 1999 SC-564) and Mehram Ali versus Federation of Pakistan (PLD 1998 SC 1455), are fundamentally different on facts from the present cases whether these six convicts to whom reference has been made in the application had waged a war against the state of Pakistan.
“In these facts, ad-interim order granted by the apex court may be recalled,” the Federation prayed.
The Federation further submitted that under the Army Act 1952, there are a number of steps, including a mercy petition to the Chief of the Army Staff as envisaged under Section 131(1) of the Act, an appeal under Section 133(b) thereof and then a mercy petition to the president before the punishment given is executed.
“This process usually takes about six months and these six persons have been convicted only a few days ago,” says the Federation reply, adding that an interim order passed by the apex court is rather premature, particularly when other remedies are available but were not exhausted.
It prayed that the order passed by the apex court on April 16, 2015 may be reconsidered and recalled in the interest of justice. It is pertinent to mention here that the full court, headed by Chief Justice Nasirul Mulk while hearing the petitions of the SCBA, Pakistan Bar Council, Lahore High Court Bar Association and 11 other bar councils and associations against the 21st and 18th amendments, had stayed the execution of six terrorists who were awarded death sentences by a military court.
The court had directed Attorney General Salman Butt to file a reply on the application.The court had observed that the trial of the six convicts was held in a secret manner. The attorney general contended that there was no secret trial. But the chief justice observed that the trial was not publicised and when the death sentence was awarded, the news appeared in the media.
Asma Jahangir said even the convicts’ families did not know about the trial and the sentences and they came to know through newspapers. She had further told the court that she could file affidavits of the families of convicts.
The SCBA has already challenged the Pakistan Army (Amendment) Act 2015 and sought interpretation of 21st Amendment to the Constitution, saying its operation and outcome contradict the fundamental rights enshrined in the Constitution.
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