IHC stays execution of five court-martialled former Navy officers

ISLAMABAD: The Islamabad High Court (IHC) has stayed the execution of five former Navy officers who were sentenced to death through a general court martial decree, ARY News reported on Tuesday.

IHC’s Justice Babar Sattar has issued a written order for Monday’s hearing in response to the petition filed by the former Navy officers, who claimed they were denied legal representation during the general court martial proceedings.

The written order stated that the petitioners’ counsels argued that the military court did not provide them with legal assistance, and they were not given access to the evidence and documents used in the trial.

The lawyers noted that an appeal was filed against the death sentence without access to these documents and was dismissed, adding that the reasons for the appeal court upholding the sentence were not shared with the petitioners.

The petitioners’ counsels were only provided with limited access to the documents, which prevented the petitioners from defending their rights, the order cited the petitioner as saying.

Meanwhile, the Assistant Attorney General (AAG) said that Chief of the Naval Staff Admiral Naveed Ashraf had the authority to access the documents and according to rules, discretion was vested with him to form “an opinion that supply of any proceedings may be prejudicial to the safety or interests of the state”.

The Naval chief opined that sharing details of the proceedings, including the findings recorded by the general court martial and the order passed in appeal upholding the death penalty, would be prejudicial to the safety or the interests of the state, the order stated.

“The question before the court is as to how the interests of the State are to be balanced against the interests of an individual to his right to live as well as his right to due process guaranteed by Articles 9 and 10A of the Constitution”.

“It appears to be the contention of the State that given the opinion of the Chief of Naval Staff that proceedings and reasoning for passing the death sentence cannot be shared with those against whom such death sentences have been passed, they have no further remedy under the law and the Constitution.”

The court then directed that “given that the fundamental question of protection of right to life and due process is in question, the petitioners shall not be executed till the disposal of the petition.”