0
ISLAMABAD / RAWALPINDI: An Anti-Terrorism Court (ATC) of Rawalpindi on Monday ordered that the custody of eight people be given to military authorities for their suspected involvement in attacks on the General Headquarters and Army Museum as well as the desecration of Martyrs’ Monuments during the May 9 violence that erupted in protest against the arrest of PTI Chairman Imran Khan.
According to the order issued by Judge Hamid Hussain, suspects Mohammad Idrees, Umar Farooq, Raja Mohammad Ehsan and Mohammad Abdullah would be handed over to Commanding Officer Yasir Nawaz Cheema for their trial in the military court in the GHQ attack case.
Likewise, the custody of Ali Hussain, Lal Shah, Sheheryar Zulfiqar and Farhad Khan would be given to Commanding Officer Farhan Nazir Qureshi who deals with the case regarding attack on the Army Museum.
The suspects in the GHQ attack case were apprehended following the registration of an FIR at R.A. Bazar Police Station on May 9. The other suspects were booked by Civil Lines Police Station the same day in connection with attack on the Army Museum.
The commanding officers told the court that the suspects would be tried under Sections 3, 7 and 9 of the Official Secrets Act read with Section 2(1)(d) of the Pakistan Army Act.
Sections 3 and 3A of the Official Secrets Act deal with “restriction against photographs, sketches, etc., of prohibited and notified areas”, “Section 7 is about “interfering with officers of the police or members of the armed forces of Pakistan” and “Section 9 is related to “attempts, incitements, etc”.
The judge noted that these offences are “exclusively triable by military court” and the deputy prosecutor general “did not raise any objection and forwarded the request for appropriate orders”.
The court accepted the military officers’ request under Section 549(3) of the Criminal Procedure Code read with Rule 7(f) of Criminal Procedure (Military Offenders) Rules, 1970.
Under Section 549(3) “if the person arrested by the Police is a person subject to the Pakistan Army Act, 1952 (XXXIX of 1952) and the offence for which he is accused is triable by a Court-martial, the custody of such person and the investigation of the offence of which he is accused may be taken over by the Commanding Officer of such person under the said Act”.
Later, at around 7.45pm, the custody of the suspects, who were detained at Adiala Jail, was given to the military authorities.
According to sources, Commanding Officer Farhan Nazir and his team took the custody of the suspects from Adiala Jail authorities and drove them away in four vehicles amid tight security. The suspects were made to sit in four vehicles — two in each vehicle — before they were driven away, the sources said.
In Rawalpindi, about 356 suspects, including two women, have been detained by the police in connection with the May 9 riots.
Published in Dawn, May 30th, 2023
