Supreme Court (SC) has issued notice to Attorney General (AG) on the petition filed by military court convicted Havaldar Iftikhar Hussain seeking his release in murder case following his out of court settlement with the family members of victim.
The court has sought assistance from AG on legal and constitutional points in the matter.
The court remarked “AG should tell if someone who is convicted and sentenced by military court reaches settlement with the family members of murdered person then whether the court will send the matter to army chief for decision or will decide it by itself.
A three-member bench of SC presided over by Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali took up the case for hearing Thursday.
Col (Retd) Akram counsel for the petitioner told the court Iftikhar Hussain has reached settlement with the legal heirs of the deceased. Therefore, his death sentence orders must be set aside and he be released.
Deputy Attorney General (DAG) took the plea that the court should refer the matter of settlement to army chief for decision instead of deciding by itself.
The counsel for death convict took the ground that there was no such provision in the constitution under which court can send this matter to army chief. This case of murder and a settlement has been reached between the parties concerned. Therefore, SC is competent to decide this matter. Referring this matter to army chief will be illegal.
The court remarked “this is a legal and constitutional matter; therefore, we seek assistance from AG.
The court while issuing notice to AG has sought reply from him. The hearing of the case was adjourned indefinitely.
