ISLAMABAD   -  The Islamabad High Court (IHC) Monday extended its stay order regarding the execution of five ex-Navy officers who were previously sentenced to death by a General Court Martial decree.

A single bench of IHC comprising Justice Babar Sattar conducted hearing of the Navy officers who in their plea submitted that they were not provided legal assistance during the general court martial order. During the hearing, on the directions of the court, the opinion of the Chief of Naval Staff was placed before the court in a sealed envelope.

Justice Sattar noted in his written order, “It appears that a presumption was made by the Navel Authorities that copies of General Court Martial (GCM) proceedings cannot be shared.” He added that when a request was made for sharing of the GCM proceedings, a summary was then initiated recommending to the Chief of Naval Staff that the counsel for the petitioners be allowed to peruse some of the proceedings of the GCM and take notes. And it is that part of the summary that was then approved by the Chief of Naval Staff.  The IHC bench said, “In view of the documents produced before the Court, it appears that the Chief of Naval Staff never independently applied his mind to determine that the sharing of the GCM proceedings in the instant case would create a threat for Pakistan’s National Security.”

The judge wrote, “Be that as it may, the Court has asked the learned Assistant Attorney General and the officials from the Pakistan Navy assisted the Court as to why redacted documents comprising the GCM proceedings cannot be shared with the petitioners so that they are made aware of the grounds on the basis of which they have been awarded death sentences, while blacking out relevant parts of the GCM proceedings that may prejudice Pakistan’s National Security interests.”

The Assistant Attorney General sought some time to assist the Court on such question after seeking instructions from the respondents. The bench accepted his reqe3ust and deferred hearing of the case till October 7 for further proceedings.

The IHC bench also ordered, “The injunctive order will continue till the next date of hearing.”

In this matter, former Pakistan Navy officers Arsalan Nazir Sati, Muhammad Hammad, Muhammad Tahir Rashid, Hammad Ahmed Khan and Irfanullah have filed appeals against the death sentence given by a General Court Martial decree.