News
Saturday, July 13, 2013
No immunity to armed forces on fundamental rights, SC told* AG tells court no provision in Army Act, Criminal Procedure Court and Pakistan Penal Code bars initiating proceeding against serving army officers
By Hasnaat Malik
ISLAMABAD: The attorney general of Pakistan told the Supreme Court on Friday that there was no immunity to armed forces in matters related to the fundamental rights.
Disagreeing with the Military Intelligence’s (MI) concerns over the superior courts as well as the police’s jurisdiction to proceed against a serving army officer, AGP Muneer A Malik also said that there is no provision in the Army Act, Criminal Procedure Court and Pakistan Penal Code that bars initiating legal proceedings against the serving army officers. During the hearing of the missing persons’ case, the AGP told the two-member bench, headed by Justice Jawwad S Khawaja, that the high court could issue an order for the recovery of persons in habeas corpus petitions.
The AGP said that there was permission in the Army Act 1952 that whenever any civilian court wanted to hear a case related to an army official it may write to the military authorities in this regard. Muneer said that when an institution or department starts functioning above the constitution then the apex court has the power to end its immunity. He conceded that enforced disappearances were illegal and the court could take action in over them.
Additional Attorney General Tariq Ahmed Khokhar, who represented the federation in the missing persons’ cases, sought time to get instructions from the federal government about its stance related to the immunity of armed forces’ officials. Meanwhile, the court rejected the request of Ibrahim Satti, counsel for MI DG, to constitute a larger bench to determine whether an FIR can be registered against serving army officials. The court replied that in this case AAG Tariq Ahmed Khokar was representing the federation therefore it is not necessary to issue further notice to it.
However, the AAG sought time to get instructions from the government. Justice Jawwad said that a fundamental question has been raised in this case and “we can’t shut our eyes and therefore whatever the constitution say we would decide the case in accordance with law.” The bench took strong exception to and expressed displeasure over the rude behaviour of United Nations resident coordinator who kept a senior police officer waiting for almost three hours.
Courtesy www.dailytimes.com.pk