PESHAWAR – The military court convictions appeal in Peshawar High Court (PHC) moved forward as the court declared the petitions maintainable. Adnan from Mardan and others, convicted in connection with the 9 May incidents, filed these petitions.
A two-member bench of the Peshawar High Court issued a detailed written order. According to the bench, individuals convicted by military courts can approach high courts through writ petitions. This, the court said, is their constitutional right.
Court rejects federal stance
The federal government, however, had requested the court to dismiss the petitions as non-maintainable. The court rejected this request, emphasizing its duty to uphold constitutional safeguards.
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Moreover, the bench stated that the high court has full authority to exercise its constitutional powers. It cannot, the court said, turn away from its responsibility to deliver justice.
The petitioners’ counsel argued that the convicts had not been informed of their charges. Therefore, they remained unaware of the reasons behind their convictions.
He further noted that the federal government has not amended the Pakistan Army Act. The Supreme Court of Pakistan had earlier directed the government to introduce legal reforms. These reforms were meant to allow appeals and designate high courts as the appellate forums.
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Instead of acting on those directions, the government claimed that the appeal period had already expired. The petitioners’ counsel disagreed. He maintained that the appeal window would begin only after the legal amendments are made.
Meanwhile, he pointed out that the Supreme Court had issued a short order. In that order, the court had asked the federal government to amend the Army Act and allow appeals through high courts.
The high court agreed with this reasoning. It ruled that the military court convictions appeal in Peshawar High Court falls within its jurisdiction.
Finally, the court allowed the petitions to proceed. It directed the federal government to respond in future hearings.
