ISLAMABAD: The Islamabad High Court is examining the Pakistan Navy’s powers to terminate its cadets’ service after two recruits challenged their “unfair” dismissals.

Justice Babar Sattar has taken up two identical petitions filed by cadets Hamza Ali and Muzammil Farooq against what they said was the denial of the right of a fair trial in discharging them from service.

After a preliminary hearing, the judge admitted the petitions for regular hearings and issued notices to the chief of naval staff and Pakistan Naval Academy’s commandant, and sought their reply in a fortnight.

The petitioners’ counsel, retired Lt Col Inamur Rahim, argued in the court that his clients were initially enrolled as cadets in the Pakistan Naval Academy and were administratively discharged without due process.

Mr Rahim stated that pursuant to Section 13 of the Pakistan Navy Ordinance, 1961, any person who received pay for three months was treated as an enrolled person and had the status of a sailor.

He said an enrolled person could be removed using two procedures, i.e. court martial or administrative discharge. In case of administrative discharge, an enrolled person was required to be issued a charge sheet and was to be granted a right of hearing as well as a right to defend himself, which were denied to the petitioner, the counsel said.

Consequently, the petitioners’ removal was in breach of their fundamental right to due process and fair trial guaranteed by Article 10A of the Constitution and stigma also attached to them for administrative removal, he said.

Citing relevant provisions of the law, Mr Rahim said the naval authorities were under obligation to provide an opportunity for hearing before the chief of naval staff, and under the law, the naval chief himself or his delegate could hear the cadets before their unceremonious dismissal.

The petitions stated the cadets had some harsh arguments with a senior and their divisional officer tried to persuade them to relinquish the job voluntarily. However, after they refused to do so, their services were terminated for a petty issue and without giving them the right to a fair trial.

They said the cadets were also subjected to humiliation during the training, and requested the court to set aside their termination.

The court has set the next hearing for Feb 16.

Published in Dawn, January 14th, 2023