ISLAMABAD: Justice Khadim Hussain Soomro of the Islamabad High Court (IHC) on Thursday asked the counsel for a petitioner to cite legal precedents in which superior courts had summoned the record of court-martial proceedings from the armed forces.
Justice Soomro was hearing a petition filed by the wife of a former officer of the Pakistan Air Force, Air Marshal Jawad Saeed, seeking to set aside her husband’s conviction by a PAF tribunal.
The petitioner also sought the record related to court-martial proceedings conducted by the tribunal.
During the hearing, the petitioner’s lawyer Advocate Abdul Waheed appeared before the court, accompanied by the additional attorney general and legal representatives of the PAF.
The PAF officials, however, declined to present the court-martial documents, asserting that under the Pakistan Air Force Act, disclosure of such records is restricted due to national security concerns.
They argued that in cases involving the death penalty or high-level convictions, only the final sentence is required to be recorded.
Justice Soomro hears petition filed by wife of ex-PAF officer for overturning his conviction
Justice Soomro observed that the court could not comment on the legality of the military’s internal procedures.
‘Lack of due process’
The petitioner’s counsel objected, contending that the accused was denied legal representation of his choice, his family was kept completely uninformed, and neither the charge-sheet nor details of the sentence were shared with them. This amounts to a lack of due process and possible mala fide intent, he added.
The court was further informed that the accused was not even given access to his own legal defence and that the air chief had “unilaterally appointed a lawyer for him”.
“This has never happened before under their own law,” argued the petitioner’s lawyer. The PAF representatives countered the argument of the petitioner, asserting that such procedures have precedent.
Justice Soomro asked the petitioner’s lawyer to present judicial precedents in which records of military courts were disclosed in similar circumstances.
The petitioner’s counsel sought time to compile Supreme Court rulings and full bench judgements to support the petition.
The court granted the request and adjourned the hearing to June 17, directing the petitioner to submit paraphrased legal precedents at the next session.
Former Air Marshal Jawad Saeed was sentenced to 14 years in prison by a military court for allegedly sharing classified information, though the specifics of the charges were not disclosed.
Published in Dawn, May 23rd, 2025
