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India-Pakistan
Military courts cannot try civilians except charges of sedition: SC
2009-05-15
ISLAMABAD: A three-member bench of the Supreme Court on Thursday ruled that the Court Martial could try civilians only if they are guilty of or attempt to commit sedition and mutiny.
This is Pakistain, buddy, don't tell the military what they can't do ...
The SC gave the judgement in response to two appeals filed by Ghulam Abbas and Muhammad Saleem, who were sentenced and convicted by the Field General Court Martial (FGCM), Rawalpindi on charges of petrol theft. A single bench of the Lahore High Court had dismissed the writ petitions against the decision on March 29, 2006.

The appellants had signed a contract with the Pakistan Air Force officials for the carriage of jet petroleum (JP-4) from Karachi to various PAF bases. With the passage of time, it was found that the seals of the tankers were broken and the fuel was sold with the connivance of some PAF officers. The PAF officers were also tried for the theft under Section 52 of the PAF Act 1953, while the appellants were tried under Section 37 (e) of the Act for “endeavouring to seduce the officers of the PAF from their duty”.

On September 30, 2002, Saleem was sentenced to 25 years of rigorous imprisonment, subsequently reduced to 20 years. Abbas was sentenced to 23 years of rigorous imprisonment on February 8, 2003. The SC bench consisting of Justice Sardar Raza Khan, Justice Mian Shakirullah Jan and Justice Nasirul Mulk set aside the sentence against the appellants, holding that the sentence was awarded coram non judice and a nullity.
Posted by:Steve White

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