The Supreme Court has sought attorney general for Pakistan’s assistance over the law points that whether the case can be registered against the army officers or not and if case can be registered than which court of the country among civil and military court would conduct the trail of such cases.
Three-member bench of apex court comprising Justice Jawwad S Khawaja, Justice Gulzar Ahmed and Justice Athar Saeed heard the case of 35 missing persons on Wednesday.
During the course of hearing Justice Jawad Khawaja remarked that the civil judiciary has superior than military courts but the people of army think that they may be superior than the civil judiciary.
During the course of hearing advocate general KPK Latif Yousufzai informed the court that an officer of Army has been handed over to the Army because Army had sent request to hand officer them over because it would conduct court martial action against him under army act.
The court directed the advocate general KPK to read out the application written by the Army and in response to that application the order of DCO Malkand.
After listening the letter written by the army to DCO, Justice Jawwad S Khawaja said that the wording of the army letter seems like and order to DCO. Is the wording of letter correct, Justice Jawwad questioned to AG kPK.
Latif Yousufzai endorsed that the wording of army application is not correct. The court raised the question before additional attorney genral Waqas Dar whether case can be registered against the army personals of not.
Waqas Dar responding to the court quarry said that case can not be registered against army officials.
Responding to that Justice Jawad said that the basic aim all of us is same that is enforcement of the constitution in the country and deputy attorney general says that case can not be registered. The law says case can be registered and already a case has been registered, Justice Khawaja added.
There is not situation like ruler and ruled person, and army can not give the order to a civil administrator that this case would be heard in military court, Justice Khawaja said adding that if these issues have not been addressed in 1956, do these should be addressed now.
Justice Gulzar Ahmed said that it has been made cleared in the rules that civil court can hear the cases against the army officers and personals.
Later the court summoned Attorney General Salman Aslam Butt and directed him to assist the court on the law points to address the issue. The court also directed the advocate general KPK to assist the Attorney General for preparation of the case. Further hearing of the case has been adjourned till today (Thursday).