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

ISLAMABAD: The Islamabad High Court (IHC) has vacated the stay order regarding the execution of the death sentences of five ex-navy officers, who were sentenced to death by a Field General Court Martial. 

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 seeking access to documents in the dockyard attack case was submitted to the court on behalf of Pakistan Navy.

The plea had been filed by the former officers — Arsalan Nazir Satti, Muhammad Hammad, Muhammad Tahir Rasheed, Hammad Ahmed, and Irfanullah. 

According to Colonel (retd) Inamur Rahim, the petitioners’ counsel, the court had granted access to the inquiry report and judgment in the presence of a government lawyer. However, he said while the documents were shown to the petitioners and notes were taken, copies were not provided. 

The Navy authorities had earlier declined to furnish copies of the Board of Inquiry report, citing national security concerns.

Earlier, the court had directed that the convicted officers be given access to the records pertinent to their case. 

The five former Navy officers were sentenced to death through a court martial proceeding, and the IHCt had earlier halted the execution pending further legal proceedings. 

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.