September 03, 2008	Wednesday	Ramazan 2, 1429

ISLAMABAD, Sept 2: The Federal Shariat Court on Tuesday ordered the federal government to amend the Pakistan Army Act and the Pakistan Air Force Act Rules within six months and allow convicts to get copy of judgments and other case records to enable them to file appeals.

A five-member bench comprising Chief Justice Haziqul Kahairi, Justice Dr Fida Mohammad Khan, Justice Salahuddin Mirza, Justice Mohammad Zafar Yasin and Justice Syed Afzal Haider issued the order on two petitions filed by Col (retd) Mohammad Akram, challenging the Pakistan Army Act of 1952 and the Pakistan Air Force Act Rules of 1957.

“I am not satisfied with the judgment and will move an appeal before the Shariat Appellate Bench of the Supreme Court since the FSC has given its finding on the matter which was a side issue,” Advocate Col (retd) Akram told Dawn.

The real issue, he said, was that the appeal of convicts sentenced by the field general court martial should be heard, instead of a court of appeal, by a forum which was not under the chain of command of the armed forces and comprised learned people with complete grasp of legal issues. The petition, he said, had been filed in 1993.

Col Akram achieved prominence for defending a number of people convicted for their involvement in the two abortive attempts on the life of former president Pervez Musharraf, first on December 14, 2003, and then on Dec 25, 2003. The convicts were sentenced by different field general courts martial for their involvement in the attempts.

The FSC disposed of the petitions and held that refusing to give copies of judgment, despositions or other record of the case to a convict was tantamount to denial of justice because he would not be in a position to furnish grounds against his conviction in appeal.

“The right of appeal is a substantive right and the denial of a copy of judgment and of the hearing in appeal would amount to denial of that substantive right resulting into injustice on the touchstone of Quran and Sunnah of the Holy Prophet (peace be upon him).

“We accordingly direct the federal government to take steps within six months for amendment of Rules of the Pakistan Army Act 1952 and the Pakistan Air Force Act Rules 1957 ensuring supply of judgment, despositions and other record of the case to all persons to whom sentence has been awarded whether under Hudood laws or any other laws,” the judgment said.

On November 10 last year, the federal government had amended the Pakistan Army Act of 1952, giving wide-ranging powers to the armed forces to hold court martial of civilians on charges ranging from treason, sedition or attack on members of the armed forces to rioting or assaulting the president to ‘restrain the exercise of any lawful power or giving statements conducive to public mischief’.