ISLAMABAD, June 27: The Supreme Court on Monday served a notice on Attorney-General Makhdoom Ali Khan on Alliance for Restoration of Democracy President Makhdoom Javed Hashmi’s appeal against his conviction in a mutiny case. A two-member bench, comprising Justices Shakirullah Jan and Nasirul Mulk, decided to resume after a fortnight hearing on the appeal, challenging an order of the Lahore High Court, Rawalpindi bench, to reject Mr Hashmi’s bail plea.
A leader of the opposition Pakistan Muslim League (Nawaz), Mr Hashmi was sentenced to 23 years’ imprisonment on April 12, 2004 for inciting mutiny, defaming army and army officers, forgery and abetment. He was arrested on October 29, 2003, nine days after he distributed an anonymous letter ‘of the army’ at a press conference in parliament cafeteria, allegedly inciting people against the army.
Monday’s hearing was watched with interest by European Union’s representative on human rights Dr Kamal Hussain, ARD Chairman Makhdoom Amin Fahim, Secretary-General Zafar Iqbal Jhagra and leaders including Tehmina Daultana, and PML-N chief Raja Zafarul Haq.
Representing Mr Hashmi, advocate Akram Sheikh argued before the Supreme Court that freedom of expression of every member of the parliament was protected under the constitution —-‘a right, not subject to challenge before any court of law, which covers the entire precincts of the parliament, also including cafeteria.’
No action could be taken regarding any incident occurring within the precincts of the parliament without seeking prior permission of the National Assembly speaker, Mr Sheikh continued.
He said that many sections of the Pakistan Penal Code, under which Mr Hashmi had been booked, were non-cognizable, and, therefore, a case under them could not be registered unless the complainant was government.
But, he added, in that case, a retired major (Khurshid Ahmed) was the complainant who could not have lodged the case against a member of the parliament.
Mr Hashmi’s counsel contended that his client’s in-camera trial in an isolated room of the Adiyala Jail, Rawalpindi, was contrary to the United Nations’ Charter on Human Rights, ratified by Pakistan.
He requested the court to release Mr Hashmi on bail because ‘he has served a substantial part of his jail term.’
In his appeal, the PML-N leader has pleaded that he was falsely and maliciously implicated in the mutiny case concocted by the intelligence agencies, and that his conviction was not supported by any evidence.