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FIR can be lodged against armymen, AG says
Dawn.com
ISLAMABAD: Attorney General Aslam Butt informed the Supreme Court on Thursday that a First Information Report (FIR) could be filed against a currently serving army official according to Pakistan Army regulations. He said this in the hearing of the Malakand missing persons case, which concerns the disappearance of 35 people from an internment centre in the region, DawnNews reported.
Butt submitted his reply in the apex court regarding FIRs against serving armed forces personnel.
The three-member bench, headed by Justice Jawwad Khawaja, remarked that there was no doubt that an FIR could be registered against a serving army man but the question was whether the case would be heard in an army court or a civilian court.
Justice Gulzar remarked that there should be rules and regulations regarding handing over of army personnel to military authorities from the magistrate.
Justice Khawaja said that if the magistrate hands over a detained army personnel to military authorities, he should provide reasons for such a decision.
Also read: Govt wants 2 military officers tried under army act, SC told
Can civil courts try army men?
The court had taken up this matter to ensure compliance with its verdict of Dec 10, in the case of missing person Yasin Shah, initiated on the application of his brother Muhabbat Shah. In the verdict, the court held the army responsible for removing 35 persons from the Malakand Internment Centre.
At a previous hearing, the SC was told that an FIR had been registered against Naib Subedar Amanullah Baig and others – who were posted at the army’s Internment Centre in Malakand Fort – for removing 35 individuals from the detention facility.
The report was lodged on behalf of Defence Minister Khawaja Mohammad Asif at the Malakand Levy Post and the case was registered under Section 346 of the Pakistan Penal Code (PPC), which deals with wrongful confinement in a secret place.
More details of the case here.
Dawn.com
ISLAMABAD: Attorney General Aslam Butt informed the Supreme Court on Thursday that a First Information Report (FIR) could be filed against a currently serving army official according to Pakistan Army regulations. He said this in the hearing of the Malakand missing persons case, which concerns the disappearance of 35 people from an internment centre in the region, DawnNews reported.
Butt submitted his reply in the apex court regarding FIRs against serving armed forces personnel.
The three-member bench, headed by Justice Jawwad Khawaja, remarked that there was no doubt that an FIR could be registered against a serving army man but the question was whether the case would be heard in an army court or a civilian court.
Justice Gulzar remarked that there should be rules and regulations regarding handing over of army personnel to military authorities from the magistrate.
Justice Khawaja said that if the magistrate hands over a detained army personnel to military authorities, he should provide reasons for such a decision.
Also read: Govt wants 2 military officers tried under army act, SC told
Can civil courts try army men?
The court had taken up this matter to ensure compliance with its verdict of Dec 10, in the case of missing person Yasin Shah, initiated on the application of his brother Muhabbat Shah. In the verdict, the court held the army responsible for removing 35 persons from the Malakand Internment Centre.
At a previous hearing, the SC was told that an FIR had been registered against Naib Subedar Amanullah Baig and others – who were posted at the army’s Internment Centre in Malakand Fort – for removing 35 individuals from the detention facility.
The report was lodged on behalf of Defence Minister Khawaja Mohammad Asif at the Malakand Levy Post and the case was registered under Section 346 of the Pakistan Penal Code (PPC), which deals with wrongful confinement in a secret place.
More details of the case here.
