April 13, 2007	Friday	Rabi-ul-Awwal 24, 1428

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KARACHI, April 12: The Sindh High Court on Thursday admitted to regular hearing a petition challenging the conviction of a navy steward by a court martial. Petitioner Naveed Ahmed Khan submitted through Advocate Abdul Razak that he joined Pakistan Navy as a steward in October 2000 and was assigned to PNS Badar to maintain accounts of mineral and tobacco supply.

He had also served on PNS Dilawar and PNS Mehran. On April 19, 2006, he was convicted by the Field General Court Martial (FGCM) under section 25 of the Army Act for ‘willfully communicating with an unauthorised civilian, a Pakistani national’.

He was sentenced to 10 years imprisonment. An appeal against the conviction was dismissed by the naval commander.

The petitioner alleged that the FGMC did not follow the rules of evidence prescribed by the ‘Qanun-i-Shahadat Order’ that were binding under the army act and the superior court judgments. No charge-sheet was served on him.

He further said that he was made to affix his signatures on plain papers and was not allowed to cross-examine ‘the unauthorised civilian’ he had been accused of communicating with.

He was also debarred from examining the nine witnesses whose testimony was recorded by the FGCM.

The petitioner said the failure to follow the law of evidence had vitiated the entire proceedings. His trial was void and liable to be set aside.

His conviction and punishment, the petitioner said, were without lawful authority. He requested the court to order his release.

Admitting the petition, a division bench comprising Chief Justice Sabihuddin Ahmed and Justice Gulzar Ahmed ordered that notices be issued to the respondents for April 25.