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December 5, 2003 Friday Shawwal 10, 1424


KARACHI: Federal attorney seeks time to file reply


KARACHI, Dec 4: The federal attorney on Thursday sought time before division bench of Sindh High Court to file comments on a petition filed by Shakila Firdous praying the court to declare the trial of her husband conducted by the Field General Court Martial as illegal.

The petitioner, citing secretary defence and Base Commander PAF Base Chaklala as respondents, submitted that her husband Haji Ghulam Abbas, a fuel contractor of the PAF, was arrested by the PAF on July 23, 2002.

Her counsel Abdul Rauf Khan stated that without obtaining a remand, a court of inquiry was conducted against him and he was tried by the Field General Court Martial which sentenced him to 23 years RI, in contravention to law settled by the Supreme Court.

It was stated that the trial of a civilian by the FGCM should be held illegal as it was without jurisdiction. He cited also a recent High Court judgment holding that a civilian could not be tried in a military court.

The court was prayed to declare the trial conducted by the FGCM illegal and direct the respondents to produce him before a court for trial under civilian law, if needed.

SHC’s bench, comprising Justice Anwar Zaheer Jamali and Justice Zia Pervez, on a request by the deputy attorney general, Syed Zaki Muhammad, adjourned the matter for a date in office.—PPI






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