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IHC moved for release of ex-army officer’s son from custody

muhammadhafeezmalik

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A retired major general of Pakistan Army has moved the Islamabad High Court (IHC), seeking release of his son from custody of military authorities who put him behind bars after he wrote letters to the army chief and other senior officers against certain polices.


After a preliminary hearing, Justice Mohsin Akhtar Kayani issued notices to the station house officer of Shalimar police station and adjutant general of army and sought their responses to the petition filed by retired Maj Gen Syed Zaffar Mehdi Askree till January 20.


The petitioner’s counsel Zainab Janjua informed the court that Mr Askree’s son Hasan Askree, a civilian, has been nominated in an FIR under Section 131 [abetting mutiny], but a judicial magistrate has handed over his custody to adjutant general of the army.


The petitioner requested the court to order release of his son and issue a restraining order against court martial proceedings in the matter.


As per details of the case, Hasan Askree, an engineer by profession, was working with BIAFO Industries. He was picked up on October 2, 2020, from his house in F-11. The magistrate handed over his custody to the military authorities the same day for court martial proceedings against him.


According to the petition: “Hasan Askree has written to the Chief of Army Staff (COAS) a few times to express his discontent with the functioning of the armed forces. The letters express criticism on certain polices of the current regime of army. In essence, the letters strongly worded though they may be, merely illustrate the disillusion of a citizen who is using the letters to state his disapproval of certain actions and policies of a state institution.”


The petition stated that Hasan Askree never wrote any derogatory or scandalous letters. No correspondence by him has ever encouraged or incited the overthrow of democratic rule. “Instead, the intention behind the letters is to highlight the deficiencies in the existing state of affairs.” The petitioner requested the court to quash the FIR registered against his son and also order his release.


BIAFO industries provides explosive material for mining and industrial use.
 
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khansaheeb

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A retired major general of Pakistan Army has moved the Islamabad High Court (IHC), seeking release of his son from custody of military authorities who put him behind bars after he wrote letters to the army chief and other senior officers against certain polices.


After a preliminary hearing, Justice Mohsin Akhtar Kayani issued notices to the station house officer of Shalimar police station and adjutant general of army and sought their responses to the petition filed by retired Maj Gen Syed Zaffar Mehdi Askree till January 20.


The petitioner’s counsel Zainab Janjua informed the court that Mr Askree’s son Hasan Askree, a civilian, has been nominated in an FIR under Section 131 [abetting mutiny], but a judicial magistrate has handed over his custody to adjutant general of the army.


The petitioner requested the court to order release of his son and issue a restraining order against court martial proceedings in the matter.


As per details of the case, Hasan Askree, an engineer by profession, was working with BIAFO Industries. He was picked up on October 2, 2020, from his house in F-11. The magistrate handed over his custody to the military authorities the same day for court martial proceedings against him.


According to the petition: “Hasan Askree has written to the Chief of Army Staff (COAS) a few times to express his discontent with the functioning of the armed forces. The letters express criticism on certain polices of the current regime of army. In essence, the letters strongly worded though they may be, merely illustrate the disillusion of a citizen who is using the letters to state his disapproval of certain actions and policies of a state institution.”


The petition stated that Hasan Askree never wrote any derogatory or scandalous letters. No correspondence by him has ever encouraged or incited the overthrow of democratic rule. “Instead, the intention behind the letters is to highlight the deficiencies in the existing state of affairs.” The petitioner requested the court to quash the FIR registered against his son and also order his release.

Pakistan army is not a democracy but a well disciplined fighting force. However Pakistan army should be open to change from the ground up as blinkered and arrogant officers can be hugely damaging. Change for the better is the name of the game.
 

313ghazi

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If his son is a civillian, why is he in military custody? If there was a case to be made against him, surely it should have been in the civillian courts?
 

muhammadhafeezmalik

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If his son is a civillian, why is he in military custody? If there was a case to be made against him, surely it should have been in the civillian courts?
SC has ruled out in Col. (R) Inam's case that a civilian cannot be court-martialed, but there is a provision which was provided by the 21st Amendment in which amendments were made in Army Act and to extend Military Courts' jurisdiction for speedy trial of cases under specified acts and provide the constitutional cover with a sunset clause of two years from the date of enactment (till 30th Jan 2017) later it was extended for another 2 years. Not sure it was extended or not.

Offences for which military courts can try civilians

  • Attacking military officers or installations
  • Kidnapping for ransom
  • Possessing, storing or transporting explosives, firearms, suicide jackets or other articles
  • Using or designing vehicles for terrorist attacks;
  • Causing death or injury
  • Possessing firearms designed for terrorist acts;
  • Acting in any way to “over-awe the state” or the general public;
  • Creating terror or insecurity in Pakistan;
  • Attempting to commit any of the above listed acts within or outside of Pakistan;
  • Providing or receiving funding for any of the above-listed acts; and
  • Waging war against the state.

Dawn is only giving one side of the story.
The "other side" will present its argument on next date of hearing on 20th Jan.
 

Mrc

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Dawn has not even bothered to find the charges under vich civil magistrate remanded him to military custody

He is a son of ex maj General cannot be just writing letters.

Magistrate would have refused custody in such case
 

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