The Peshawar High Court (PHC) has dismissed all petitions challenging the sentences handed down by military courts, ruling that these sentences will only take effect once signed by the Field General Court Martial (FGCM).
A two-member bench, comprising Justice Naeem Anwar and Justice Dr. Khurshid Iqbal, heard 29 writ petitions filed against the military court sentences. During the hearing, the petitioners’ lawyers, Additional Attorney General Sanaaullah, and court assistant Shamil Ahmad Butt were present.
The petitioners’ lawyers argued that the convicted individuals had already served their sentences in military custody and should be released under the law, which counts time spent in custody as part of the sentence. However, the Additional Attorney General clarified that under special laws, the accused do not benefit from Section 382-B, which allows for early release after serving part of the sentence.
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The Additional Attorney General emphasized that the convicted individuals were terrorists and not entitled to leniency. He further stated that previous rulings by the larger bench of the Peshawar High Court had established that sentences under special laws do not permit the benefit of Section 382-B.
The court ruled that the sentences would only begin when the Field General Court Martial signs them. The Additional Attorney General added that the sentences imposed by the FGCM fall under the jurisdiction of special laws, and the High Court’s role is limited to ensuring compliance with relevant sections of military court law.
