SC seeks record of allegations against accused convicted by military court
The Supreme Court on Wednesday sought from Ministry of Defence complete record pertaining to the allegations against the accused persons, convicted by the military court besides details of the evidences, supporting the allegations.
A three-member bench of the apex court headed by Justice Mushir Alam heard an appeal filed by the Ministry of Defence against the verdict of Peshawar High Court acquitting some 70 individuals, convicted by the military courts.
During the course of hearing, counsels appearing for the accused persons submitted before the court that the military court had awarded punishment to the accused after conducted one-sided proceedings.
They submitted that the accused were not given an opportunity of defence and deprived them of getting fair trial in transparent manner. The counsels further submitted that after convicting the accused their family members were not informed but they came to know through media. The counsel contended that the learned high court had held that the accused persons were deprived of fair trial.
The lawyers further submitted that the Minister of Defence did not provide complete record of the matter with its appeal which shows malafide on the part of the ministry. They contended that except confessional statement of the accused, no evidence was produced before the court.
“Hence punishment like death sentence cannot be awarded on mere confessional statement of an accused”, the lawyer contended adding that neither there was any proof of eye witness ofplace of incident nor any type of testimony recorded against the accused.
Meanwhile, the court adjourned the hearing for today (Thursday) directing the Ministry of Defence to submit complete record pertaining to the allegations levelled against the accused persons, convicted by the military court besides details of the evidences, supporting the allegations.
It is pertinent to mention here that on November 2, 2018 the apex court had restrained the jail authorities to release 70 terror suspects, convicted by military courts involved in different terrorist activities in the country.
A two-member bench of the apex court headed by Justice Sheikh Azmat Saeed had heard appeals of the defence ministry against the verdict of Peshawar High Court, acquitting all the 68 terror suspects, convicted by military courts due to lack of evidence.