Peshawar High Court rejects military convicts' sentence adjustments

dawn.com

The Peshawar High Court has denied the petitions of 30 individuals convicted by military courts, who sought to count their pre-sentence detention time as part of their prison sentences. The court stated that these individuals are not eligible for the benefits of Section 382-B of the Code of Criminal Procedure because they were convicted under the Pakistan Army Act. The petitioners, led by Fazal Wadud, were sentenced for involvement in terrorism and argued that they had been detained for long periods before their convictions. Some claimed they had already spent up to 14 years in detention while only receiving sentences of five to ten years. Their lawyers contended that military courts did not consider the time spent in custody when imposing sentences. They argued that applying Section 382-B should be mandatory, but the military courts failed to do so. Senior lawyer Shumail Ahmad Butt, who participated as an amicus curiae, noted that military sentencing differs from ordinary courts. He said military courts must consider pre-trial detention time when determining sentences under the Pakistan Army Rules. Deputy Attorney General Sanaullah Khan explained that the petitioners were tried under a special law, the Pakistan Army Act, which takes precedence over general laws like the Code of Criminal Procedure. He asserted that military courts already factor in detention time based on the Army Act rules. The court concluded that military court sentencing is distinct from common criminal legal processes, and any review regarding their sentences has limited scope under prior Supreme Court decisions.


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