PESHAWAR, Feb 22: Seven civilian employees of military farms in Peshawar have challenged in the Peshawar High Court their proposed court martial in a case of discrepancies in supply of milk.

Abdur Rasheed and six others have filed a writ petition contending that the respondents, including the Judge Advocate General (JAG) Branch, had no constitutional powers to conduct court martial of a civilian in a civil case.

A two-member bench of the high court will take up the petition for hearing on Wednesday. The respondents in the petition include the government of Pakistan through the ministry of defence, the JAG Branch, the director-general of military farms and a farm officer of the military farms in Peshawar.

The petitioners stated that they were presently performing civilian services in the military farms in Peshawar. During the course of their services on the farms, an audit report for the period from February 1997 to May 1998 pointed out certain discrepancies in receipt and supply of milk from the military farms.

As a follow-up to the audit report an inquiry was conducted by the commanding officer of the Reserve Supply Depot which could not prove any involvement of the petitioners. However, it was observed that the matter may be inquired anew.

The second inquiry also came to the conclusion that the petitioners had committed no wrong doings. The petitioners stated that the respondents were not satisfied with the findings of the summary of evidence and ordered an additional summary of evidence which concluded in April 2004.

The petitioners stated that the findings were forwarded to the branch concerned, but the JAG Branch in Peshawar ordered a general court martial against the petitioners.

The petitioners contended that the order was illegal, unlawful and of no legal effect as they were not in active service of the Pakistan Army, and the proposed proceedings were against their constitutional rights.