RAWALPINDI, April 27: The Lahore High Court (LHC) on Wednesday directed the Punjab home secretary to explain under what law a man and his son, convicted by field general court marshal (FGCM), were transferred from district jail Jehlum to Mirpur in Azad Kashmir.

Justice Sheikh asked was there any provision of law allowing the jail authorities to make such transfers.

Citing secretary ministry of defence, judge advocate general JAG GHQ and superintendent jail as respondents the two petitioners through Advocate Col (retired) Anwar Khan Afridi moved the LHC asking for considering their pre-conviction imprisonment as part of their jail term sentence.

“The two men were convicted by FGCM under army act and secret act on March 16, 2007.

Abdul Karim, a resident of Indian-held Kashmir, was given four years rigorous imprisonment of and his son Khalil Ahmed, resident of Mirpur was given 6 years for espionage,” said Advocate Afridi.

“In February this year we moved the LHC's Rawalpindi bench seeking benefit under section 382-B (period of detention to be considered while awarding sentence of imprisonment) of criminal procedure code. The high court on March 2 this year directed the military authorities to give the two convicts the legal benefits under the CrPC,” the lawyer maintained in the petition.

The authorities did not comply with the court orders and the petitions moved fresh applications seeking the relief.

A legal officer of JAG branch of GHQ appeared in the court on notice on April 15 and stated the trial of the two men was carried out at Mangla and the convicts were sent to district jail Jehlum.

The chief of Jhelum jail informed the court on Wednesday that the men had been shifted to Mirpur on the direction of the Punjab home secretary.