Law permits case against army man: SC

ISLAMABAD: The Supreme Court (SC) on Wednesday observed that a case could be lodged against a serving army official as per the law and civil court was preferred for authority in this regard. It sought an explanation from the attorney general within 24 hours on the case of 35 missing persons from an internment centre in Malakand. A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, heard the case. Justice Khawaja remarked that the army issued orders like rulers and the DCO Malakand transferred the case to the military court. It was also said in the Abida Malik case that the case cannot be registered but later on it was registered, he remarked. He was of the opinion that everyone has the responsibility to implement the Constitution. Regarding the registration of a case against military personnel, Justice Jawwad said it will be decided after hearing the arguments of attorney general, adding that this issue has not been resolved since 1856 but now the court will resolve it. Advocate General Khyber Pakhtunkhwa also appeared before the court and informed it about the report submitted to the court that army requested that it will take action against its officer in the military court. DCO Malakand, passing orders on the same day, handed over the case to military and now the case is with the army. Latif Yousafzai on a question by the court said that the application of Defence Minister Khawaja Asif, copy of FIR and other documents were handed over to the military. He informed the court that army formally requested the civil administration, saying it will take action against Amanullah. Justice Jawwad said this was not the right order as they didn’t mention any reason of the incident. The court asked about the status of one-man commission in the case, adding that DCO didn’t use his brain while issuing order in the case. He also stated that the civil court has superiority and criminal court will deal with the case according to the law. Deputy Attorney General Waqas Dar informed the court they had collected the entire data on detention centre. The court adjourned the case till Thursday (Today).