- Justice Rizvi presses govt over denial of copies of military court decisions as govt lawyer argues convicts entitled only to appeals, not constitutional petitions
- Federal Secretary Law assures amendments to provide right of appeal within 10 days
LAHORE: The Lahore High Court (LHC) on Friday heard a constitutional petition challenging a military court verdict, with Justice Syed Shahbaz Ali Rizvi questioning the admissibility of the plea and the non-provision of copies of military court decisions.
Justice Rizvi took up the petition filed by Arzam Junaid. Assistant Attorney General appeared on behalf of the Federation, while Assistant Advocate General Punjab Farrukh Khan represented the provincial government. Prosecutor Rai Sarfaraz produced the military court records, and Advocate Junaid Razzaq represented the petitioner.
At the outset, Assistant Advocate General Farrukh Khan objected to the petition’s maintainability, arguing that previous rulings declared such cases inadmissible. Justice Rizvi, however, observed: “This may be correct regarding objection number six, but what about giving them copies?”
Responding, Farrukh Khan cited Section 130 of the Military Rules, which states that if the Army Chief deems any action sensitive to national interest, its copy shall not be made public. When Justice Rizvi asked, “From which book did you read Section 130?” the prosecutor presented the Pakistan Army Rules volume in court and read aloud the relevant provision.
The petitioner’s counsel argued that withholding military court decisions is contrary to the Federal Shariat Court’s ruling, which termed such denial “un-Islamic.” He further noted that the Peshawar High Court had previously directed military courts to provide copies of verdicts in similar cases.
Assistant Advocate General Farrukh Lodhi countered, citing Supreme Court precedents that bar filing of constitutional petitions in military court matters, limiting convicts only to appeals. He also informed the court that the Federal Secretary Law had assured Chief Justice Aalia Neelum a day earlier that necessary amendments would be finalized within 10 days and forwarded to the federal government for approval.
“Those convicted by the military court will be given the right to appeal, but they cannot file a constitutional petition,” Lodhi emphasized.
After hearing arguments from both sides, the Lahore High Court adjourned proceedings until October 21.
