FIR may be lodged against army personnel: AG

• Justice Khawaja says no doubt on matter of case registration but it has to be decided if armymen will be tried in civil court or by a military court

Speaking during the hearing of a case involving the disappearance of 35 persons from the Malakand interment centre, the attorney general (AG) informed the Supreme Court (SC) that according to army regulations, a first information report (FIR) may be filed against military personnel.

A 3-member SC bench presided over by Justice Jawwad S Khawaja was hearing the case Thursday.

The apex court sought reply from the AG and Khyber Pakhtunkhwa (KP) AG on certain legal and constitutional questions pertaining to powers of civil and military courts about the trial of military personnel.

The court inquired about the basis on which the deputy commissioner could decide the application filed by army seeking case transfer.

“Can a civil court accept plea from military authorities for transferring the case? Is the civil court authorised to transfer a criminal case to military court?”

Justice Khawaja said, “No shadow of any doubt is there on the matter of registration of case against serving military personnel. Only it has to be decided if they will be tried in civil court or their trial will be conducted by a military court.”

“There should be some law of handing over military personnel to army authorities,” he remarked, adding that the magistrate should not consider himself as subordinate to commanding officer as he will have to explain reasons related to handing over military personnel.

During the course of proceedings, AG Suleman Aslam Butt submitted his reply pertaining to registration of FIR against security forces personnel. He said that according to the country’s Constitution and Pakistan Army Regulations, FIR may be lodged against armed forces officials.

KP AG Latif Yousufzai told in his formulation that a case could be registered against in-service military personnel however it will have to be seen in what court the trial will be conducted.

Justice Khawaja remarked, “We want to make some changes in your formulation and this we will do during the intermission after due deliberation.”

Justice Khawaja also inquired from Mohabbat Shah, brother of a missing person, if someone had contacted him.

Mohabbat Shah replied that only once he was contacted with reference to his brother Yasin Shah.

“It is the responsibility of the provincial government to protect the liberties of its citizens. Provincial government should discharge its obligations,” the justice remarked.

The hearing of the case was adjourned till May 26.