ISLAMABAD: The Supreme Court on Tuesday rejected a set of appeals, instituted by two army officers convicted by a Field General Court Martial (FGCM), for allegedly plotting to overthrow the 1995 Benazir Bhutto’s government.

Not only did the apex court dismiss the appeals instituted by former Col Muhammad Azad Minhas and Col Inayatullah Khan, it also rejected their plea of ‘double jeopardy’, since they were denied other privileges like plots in the Army Welfare Housing Scheme, and their memberships of the housing scheme and other amenities meant for army officers were cancelled.

All these benefits are subject to service and any action contrary to service structure takes away not only perks and privileges but also the privilege of salary, pension, gratuity, etc. for which the army officers were otherwise entitled, said a 17-page judgement authored by Justice Sayyed Mazahar Ali Akbar Naqvi.

A three-judge bench comprising Chief Justice of Pakistan (CJP) Umar Ata Bandial, Justice Munib Akhtar and Justice Naqvi on Feb 15, 2022, reserved ruling on the matter after hearing former additional attorney general Sajid Ilyas Bhatti and the appellants.

Any action by army officers contrary to service structure deprives them of all perks and privileges, top court rules

Both officers were arrested on Sept 26, 1995, on the charges that they had knowledge of a conspiracy but failed to report it to the higher authorities — a conduct considered prejudicial to good order and military discipline.

Along with these two, late Maj Gen (retd) Zaheerul Islam Abbasi and Brig Mustansir Billah were also arrested on the charge of allegedly plotting to storm a corps commanders’ meeting to be held on Sept 30 then at the GHQ. Proclamation of Khilafat, an Islamic rule, with the general as Ameerul Momineen was also part of the alleged plan after assassinating the then Prime Minister Benazir Bhutto and the then army chief Gen Abdul Waheed Kakar, senior cabinet ministers and the military chiefs.

According to media reports, the details of the conspiracy were revealed after Qari Saifullah Akhtar, one of the conspirators and chief of his breakaway faction Harkatul Jihad al Islami turned an “approver”. On his witness, FGCM awarded seven-year imprisonment to Maj Gen Abbasi, after a large cache of arms and military uniforms were confiscated. The FGCM also awarded 14-year jail term to the brigadier for his alleged involvement in the attempted coup.

Soon after the action taken by the military authorities against the appellants, the services of both colonels were terminated, depriving them of all benefits.

There is no cavil to the proposition that after dismissal from service, the petitioners cannot claim any benefit as their termination was in pursuance of the defiance of the discipline and order of the institution discreetly, the judgement said.

The claim of the appellants that they were victims of double jeopardy was without any legal foundation, the verdict stated, adding that a military officer was bound by his duty to execute momentary obligations assigned, uphold the dignity reputation, discipline and above all maintain order of the institution in letter and spirit.

Published in Dawn, September 13th, 2023