IHC extends stay on execution of death penalty of five ex-naval officers

ISLAMABAD: The Islamabad High Court (IHC) has extended the stay regarding the execution of the death sentences of five ex-navy officers until the next hearing.

These ex-naval officers were court-martialed for their alleged involvement in the attack on the Karachi-based Naval Dockyard.

IHC judge Justice Babar Sattar heard the plea of the ex-navy officers who were sentenced to death. A report was submitted to the IHC on behalf of the Pakistan Navy.

In the report, the Pakistan Navy stated that court-martial proceedings cannot be shared with the court. In response, Justice Babar Sattar asked the representative of the Pakistan Navy, “Do you want me to adjudicate the matter?” The Pakistan Navy’s representative sought time from the court to get further instructions in this regard.

Justice Babar Sattar remarked, “You are not providing/sharing any reasons for the death penalty. Sharing why the death penalty was given is not a secret matter. The only question before me is why the death penalty was given. Reasons should be provided.”

Later, the court adjourned the hearing, accepting the request for more time from the Pakistan Navy’s representative to get instructions from high-ups.

It should be noted that the former officers of the Pakistan Navy — Arslan Nazir Satti, Muhammad Hammad, Muhammad Tahir Rashid, Hammad Ahmed Khan and Irfanullah — have filed appeals against death sentences.

They have taken the stance in their plea that the General Court Martial awarded the death sentence without providing legal assistance to them. They claimed that evidence and the documents from the Court of Inquiry were also not shared with them, and their appeal against the death sentence was rejected without access to these documents.

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On June 4, the IHC stayed the execution of the death penalty of the five ex-navy officers. The court order had stated that, according to the appellants’ counsel, an appeal against the death sentence was filed seeking access to the documents, which was rejected, and their lawyers were given limited access to the documents.

According to the court order, the Assistant Attorney General took the plea that the chief of naval staff was the final authority to allow access to the documents.

According to the court order, the Assistant Attorney General said that the naval staff chief “believes that access to the documents may threaten the interests of the state.” However, the order said, the question was how to balance the interest of the state with the right to life of a citizen. Articles 9 and 10-A of the Constitution provide citizens with the right to life and the right to a fair trial. Keeping these rights in view, the accused should not be hanged until the petition is heard.”

According to the court order, the parties should submit the reply of the chief of naval staff with reasons to the court. It should be explained why the naval chief believes access to the documents is against the interests of the state. The naval chief’s argument should be submitted to the court in a sealed envelope within three weeks, and the case is scheduled for rehearing on July 1.

It should be noted that on May 24, 2014, a naval tribunal awarded the death penalty to the five officers involved in the attack on the Karachi Naval Dockyard on September 6, 2014.

On October 22, 2019, the IHC directed the families of the convicts to file an appeal with the naval chief for relief.

During the previous hearing, Assistant Attorney General Farrukh Dil had pointed out that the nature of the case record was sensitive, and sharing its details may go against the national interest.

Navy Dockyard Attack

On September 6, 2014, a naval officer and two assailants were killed in the attack on the Navy Dockyard in Karachi. Five ex-naval officers were arrested and sentenced to death for their alleged links to the terrorist organisation Daesh, and mutiny, conspiracy and carrying weapons into the dockyard.

According to reports, the attackers wanted to hijack the Pakistan Navy ship PNS Zulfiqar and target an American ship, but the security forces thwarted the attempt, killing two attackers and arresting four others.

However, according to the appellants’ lawyer, the convicts were not provided defence counsel during the hearing in the navy tribunal. The father of one of the convicts had written a request to the navy authorities to provide defence counsel, and it was assured that the matter would be addressed during the hearing.

In this regard, Attorney General Farrukh Dil had told the IHC that a senior naval officer, including the commander, was appointed as the defence counsel in the case.