ISLAMABAD:
Army authorities have opposed a dormant petition seeking amendments in certain provisions of the Pakistan Army Act 1952 relating to proceedings of military courts.
The army, in its written reply submitted before a three-judge bench of the Supreme Court last week, stated that the Army Act was a special act and that any attempt to bring it in line with the general law was to defeat the very purpose of that law.
The apex court recently took up the dormant petition – filed by a retired colonel, Muhammad Akram, in 1999 – which termed some clauses of the Army Act against the Constitution and pleading that such discriminatory clauses should be amended.
Military authorities, however, have argued that the petition is not maintainable as it does not raise a question of “general public importance” to invoke the jurisdiction of the Supreme Court with regard to Article 184 (3) of the Constitution, nor does it seek to enforce any fundamental rights conferred by the Constitution.
Any law relating to the armed forces is outside the operation of the normal scheme of the Constitution, the reply stated.
“The petition is a virtual plea to bring a special law at par with the general law. The Pakistan Army Act is a special law applicable to a specific class and is a complete code by itself which inter-alia provides for appointment, enrollment, service discipline, inquiries and investigation, summary punishments and trial by courts martial,” read the statement of army authorities.
In his application, the petitioner maintained that to take a statement from an accused on oath during court martial and then use it against him as evidence is contradictory to the Qanoon-e-Shahadat Order, adding that the Constitution does not allow compelling an accused to give a statement on oath.
“Section 31 of the Army Act allows an accused to submit a petition against the findings or decision of a military court,” the petitioner maintained, adding that “the finding (s) and sentence of all military courts except the summaries are required to be confirmed.” He added that it is discriminatory and against the Constitution if the verdicts by military courts are not immediately announced to the accused.
The apex court issued a notice to military authorities in this regard, and will resume hearing of the case on Monday. Akram has sought a direction to the ministry of defence to amend or modify the Army Act to bring it in line with the Pakistan Navy and Air Force Acts.