KARACHI: Arguments in case against HR activist continue
By Our Staff Reporter
KARACHI, July 28: The Sindh High Court adjourned on Monday hearing of a detention case for considering the issue of trial of a civilian by a military court.
Detained human rights activist Krishan Kumar was arrested on March 21 and had remained in custody since for trial by a field general court martial. He is accused of spying under Section 3 of the Official Secrets Act, 1923, and is to be tried under Section 2 (1) (d) of the Pakistan Army Act, 1952.
Appearing for the detainee, Advocate Noor Naz Agha argued before a division bench comprising Justices Zahid Kurban Alavi and Zia Perwez that a civilian could not be court-martialled under the Army Act. Military courts were not a part of the judicial hierarchy and were meant exclusively for military personnel to meet the special requirements of discipline in the armed forces.
She cited the 1975 Ahmad Faraz case wherein the Lahore High Court held that a civilian not falling within the purview of the Army Act could not be court-martialled. The poet was also charged under Section 3 of the Official Secrets Act.
Contesting the petition, Deputy Attorney-General Nadeem Azhar Siddiqui submitted that as soon as a person was accused of spying under the Official Secrets Act, he became subject to the provisions of the Army Act. Ahmad Faraz was not subject to the Army Act at the time of his arrest and was charged under the Official Secrets Act subsequently. Krishan Kumar was arrested for spying after the military intelligence had gathered information about him.
The DAG also argued that the Army Act was a protected law beyond the normal operation of Article 8 of the Constitution, which dealt with the fundamental rights. The LHC judgment in the Faraz case also affirmed the position.
Like the previous bench that heard the case, the present bench also asked the DAG to produce the material or record that caused the intelligence authorities to institute a case against the detainee. The bench also directed that the petitioner’s mother be allowed to see the detainee. The application made to the corps commander by her in this behalf must receive a positive response, Justice Alavi observed.
DRUG CASE: A division bench of the Sindh High Court, comprising Justice Ghulam Nabi Soomro and Justice Azizullah M. Memon, dismissed on Monday the quashment plea of an accused in a drug case, adds PPI.
Hameedullah moved the SHC seeking quashment of the drug case pending against him in the Control of Narcotics Substance (CNS) court. Earlier, the quashment plea of the appellant was dismissed by the trial court on Feb 18.
According to the prosecution, Saqiullah and Gulab Shah were arrested by the Anti-Narcotics Force in February 2001 and five kilograms of charas was seized from the possession of Saqiullah in the limits of Mominabad police station. During investigation, co-accused Gulab Shah confessed that the drug was delivered to him by the appellant.
Arguing on behalf of the state, Advocate Javed Akhtar opposed the quashment plea and stated that evidence of the co-accused was relevant as per article 40 and 43 of Qanoon-i-Shahadat and thus it could not be ignored.
