Lahore High Court heard constitutional petition against military court decision on Friday. Justice Syed Shahbaz Ali Rizvi heard the constitutional petition of Arzam Junaid. Assistant Attorney General appeared on behalf of the Federation while Assistant Advocate General Farrukh Khan appeared on behalf of the Punjab Government. The Prosecutor Rai Sarfaraz appeared along with the records of the Military Court while Advocate Junaid Razzaq appeared on behalf of the petitioner.
During the hearing, Assistant Advocate General Punjab Farrukh Khan raised objection to the admissibility of the application and said that according to previous decisions, this case is inadmissible.
This is correct to the extent of objection number 6 but what do you say about giving them copies?, Court observed.
Assistant Advocate General Farrukh Khan said there was a Section 130 of the Military Rules regarding this which read if the Army Chief does not consider any action to be appropriate for the national interest, then a copy of that action will not be made public.
From which book did you read Section 130? Justice Syed Shahbaz Ali Rizvi questioned. The book of Pakistan Army Rule Section 130 has been issued to me to show to the court. Mr Prosecutor “If you give me this book, how will I read it? Justice Syed Shahbaz Ali Rizvi remarked. The prosecutor read Rule 130 and handed over the book to the court.
Under the decision of the Federal Shariat Court, the military court’s failure to give a copy of the decision to anyone is an un-Islamic act, said counsel for the petitioner.
The petitioner said Peshawar High Court had also directed the Military Court to provide a copy of the decision in one of its decisions.
Farrukh Lodhi told LHC that according to the Supreme Court’s decision in the Military Court case, these people can file appeal only and they cannot file any constitutional application, said Assistant Advocate General Punjab Farrukh Lodhi.
He told the court that yesterday, the Federal Secretary Law appeared in the court of Chief Justice Aalia Neelum and told the court that he would amend the law within 10 days and send it to the federal government for approval.
“Those convicted by the military court will be given the right to appeal, they cannot file a constitutional petition”, Farrukh Lodhi told the court.
Lahore High Court after hearing arguments from both sides, adjourned the hearing of the case until October 21.
