Latest news with #Article199
Express Tribune
12-07-2025
- Politics
- Express Tribune
Military court convicts entitled to 'file petitions'
In a landmark judgment, the Peshawar High Court (PHC) has ruled that individuals convicted by military courts had the constitutional right to file writ petitions before the High Court. The decision came as a significant blow to the federal government's stance, which had argued that such petitions were inadmissible due to the availability of alternative forums for appeal. A two-member bench comprising Justice Waqar Ahmad and Justice Sadiq Ali Memon issued the detailed verdict while hearing a petition filed by Adnan and others from Mardan, who had been convicted by military courts in connection with the May 9 incidents following the arrest of Imran Khan. The petitioners have contended that they had not been involved in the unrest that had taken place at the Mardan City police station and had been wrongfully implicated. They have pointed out that while their co-accused had been tried in anti-terrorism courts, they had been handed over to military courts without being provided an explanation or legal documentation. During the hearing, the Deputy Attorney General objected to the admissibility of the petition, arguing that the petitioners had an alternative appellate forum which they had failed to approach within the prescribed timeframe. Therefore, he claimed, the petition was time-barred and not maintainable. In response, the petitioners' counsel, Barrister Amirullah Chamkani, maintained that the Supreme Court of Pakistan had in a recent short order suggested that the federal government amend the Pakistan Army Act to formally recognize High Courts as appellate forums for military court convictions. However, the counsel pointed out, the government had failed to implement these amendments, thereby depriving the petitioners of an appellate remedy. Chamkani further argued that his clients were unaware of the charges against them, had not been provided any trial documents, and had only been informed after the lapse of the appeal period. He, therefore, contended that it was unjust to declare their petition inadmissible. The PHC, in its written order, observed that constitutional jurisdiction under Article 199 could not be denied, especially in situations where no effective remedy was available to the aggrieved parties. The court ruled that the absence of any appellate forum and the lack of transparency in the trial process justified the maintainability of the writ petition. Referring to the precedent set in the Brigadier Ali case, the court noted that even the Supreme Court, while upholding military trials under the Army Act, had accepted that High Courts could exercise jurisdiction in such matters.
Express Tribune
13-06-2025
- Politics
- Express Tribune
IHC stops FIA from harassing Farhatullah Babar
The Islamabad High Court (IHC) on Thursday stopped the FIA from harassing former senator Farhatullah Babar and issued notices to the relevant parties, seeking their replies by the last week of this month. IHC Justice Inam Amin Minhas heard the petition filed by Babar through lawyers Iman Mazari and Hadi Ali Chatha under Article 199. The Interior Ministry, the FIA and others have been made parties in the petition. The petition stated that an FIA inquiry was initiated on March 25 on the complaints of "suspected corruption, tax evasion and acquisition of illegal assets" from a citizen, whom the petitioner did not know.
Express Tribune
08-02-2025
- Politics
- Express Tribune
Army, Official Secret acts: objections to plea removed
ISLAMABAD: The Supreme Court has removed objections of the Registrar's Office on a petition filed by the PTI founder against amendments to the Official Secret Act and the Army Act and has directed the office to allot it a number. A seven-member Constitutional Bench of the Supreme Court of Pakistan, headed by Justice Aminuddin Khan and comprising Justice Jamal Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hasan, was hearing the case. The court inquired the counsel for tge PTI founder that why he did not approach the high court first. "It is a matter of great public interest. The amendments affect fundamental rights of the people," responded Advocate Shoaib Shaheen. Justice Muhammad Ali Mazhar remarked that the Supreme Court now can't hear petitions against Article 184/3. "Article 199 will become ineffective if we continue to allow direct petitions, bypassing the high courts." "But this should be decided by the court and not by the Registrar Office that what petitions the court would admit and what are to be sent to a High Court," responded Shoaib Shaheen. The court asked the counsel to prepare arguments on the permissibility of the petition and adjourned the hearing for a date to be fixed later.
