RAWALPINDI / ISLAMABAD: The Lahore High Court has instructed the additional attorney general to submit a comprehensive written response today to the petition that challenges the detention of a brigadier by military authorities and demands his immediate release from their custody.
In a case concerning the spouse of Brig Akhtar Subhan, Additional Attorney General Mohammad Siddiq Awan, who represented the defense ministry, disclosed that the army officer had been arrested on “serious charges” linked to anti-state activities and corruption. He was serving in the Defence Housing Authority (DHA) in Quetta at the time
According to the petitioner, Special Investigation Branch officials of the Military Police detained her husband on June 22. She sought his release, claiming that the arrest and custody were unlawful, citing sections of the Pakistan Army Act and its rules.
However, when the court raised questions about Article 199(3), which excludes armed forces personnel proceedings from the jurisdiction of high courts, retired Colonel Inamur Rahim, her lawyer, cited 15 judgments. In these cases, the court entertained such petitions, and subsequently, it overturned the orders of military authorities.
The defense ministry’s counsel argued that this case pertained to the military officer’s disciplinary proceedings and was not within the purview of the Lahore High Court (LHC). He noted that the Supreme Court had defined conditions for the judicial scrutiny of military court proceedings.
The additional attorney general contended that the brigadier’s detention was subject to the Pakistan Army Act, making it not illegal, particularly since the detained officer’s family knew his whereabouts. Justice Hassan requested a detailed written reply from Mr. Awan and adjourned the hearing until Thursday.
