The Supreme Court of Pakistan on Wednesday issued a notice to the attorney general of Pakistan in a case relating to the right of military personnel to appeal against sentences handed down by military courts.
A five-member Sharia Appellate Bench headed by Justice Jamal Mandokhel heard the matter. During the proceedings, Justice Mandokhel observed that under the existing law, appeals against military court convictions are heard by the Chief of Army Staff or his nominated officer.
“The Army Chief is the head of the army. Will the father decide the son’s crime?” Justice Mandokhel remarked, raising concerns about the fairness and independence of the appellate mechanism.
Justice Mandokhel noted that a seven-member bench had previously delivered a verdict in the case, but he had disagreed with that decision. He questioned whether the earlier ruling had been implemented and asked where an accused person could seek remedy after the Chief of Army Staff.
“If a tribunal is not formed against the sentence, the matter can also be taken to a civil forum,” he observed, adding that the right to appeal under Article 212 of the Constitution must be ensured. “We want to hear the Attorney General,” he said.
Justice Irfan Saadat emphasized the importance of transparency in the process. He pointed out that the accused must be informed about the charges and the basis on which punishment was awarded.
“If the accused is not told about the charges, what will he appeal?” Justice Saadat asked. “If the charges are framed, the material should be provided. The basis on which the punishment was given must be disclosed. The accused should know the crime.”
He added that the court had no objection to multiple levels of appeal but questioned what line of defence would be available if the accused was not fully informed of the charges and evidence.
Additional Attorney General Munawar Duggal told the court that he would seek instructions. He stated that the government’s appeal was only an observation. The bench also directed judicial assistant Aslam Khaki to submit a written position in the case.
The matter stems from a 2008 appeal filed by the federal government and the Ministry of Defence against a ruling of the Federal Sharia Court, which had ordered amendments within six months to ensure that copies of verdicts are provided to the accused.
After initial proceedings, the hearing of the case was postponed indefinitely.