The Supreme Court on Wednesday served notice on Attorney General for Pakistan, Makhdoom Ali Khan to assist the court in the case of Mushtaq Ahmed, who was awarded death sentence for his involvement in an assassination attempt on President General Pervez Musharraf in Rawalpindi in 2003.
The bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and Justice M Javed Buttar, adjourned the hearing till April 12.
Mushtaq Ahmed was awarded death sentence by a military court for being a part of a December 14, 2003 conspiracy to assassinate President Musharraf by blowing up the Jhanda Chichi bridge near Rawalpindi. The Lahore High Court on March 14, 2006 upheld the decision of the military court.
Colonel Muhammad Akram (Retd), counsel of the petitioner, argued that Mushtaq Ahmed could not be sentenced to death by the military court under the Air Force Act because he was a civilian, and not a regular employee of the Pakistan Air Force.
He said that the judgement of the Lahore High Court was manifestly against the law, the facts on record and the cogent grounds stated in the writ petition.
He argued that the conviction of the petitioner under Section 37 (e) and the award of the sentence of death to him was erroneous, as the subjection of the petitioner to the PAF Act is contingent upon the condition of being accused of having committed a civil offence under Section 131 of the PPC whereas Section 37 (e) of the PAF Act contains a Military Offence.
Mushtaq Ahmed was convicted for inciting six junior officers of the Pakistan Air Force, including Chief Technician Khalid Mehmood, Senior Technician Karam Din, Corporal Technician Nawazish Ali, Junior Technicians Niaz Mohammad, Adnan Rasheed and Nasrullah. Karam Din and Nasrullah were jailed for life and the remaining four were sentenced to death.
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