Imran Khan cannot be awarded capital punishment (Death) – Hashmat Habib
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KARACHI: After Supreme Court decision regarding civilian trial under Army Act fate of Imran Khan is becoming a top trend because his trial by Field General Court Martial is about to commence.
Hashmat Habib President Tehreek-e-Tahaffuz Adlia analyzed that capital punishment is not possible however deterrent punishment may resolve the issue and 9th May episodes accused should be punished accordingly.
Hashmat Habib said in this case even if all charges proved without any shadow of doubt the mitigating circumstances exist, therefore, capital punishment (Death) cannot be awarded. He said after the implementation of Supreme Court decision Appellant forum will be provided and ultimately it will benefit Imran Khan at least to convert his apprehended punishment in less conviction.
Senior lawyer said a civilian is subject to Army act under section 2(1) (d) who is accused of seducing or attempted to seduce any person subject to Pakistan Army Act from his duty or allegiance to Government or having committed in relation to any work of defence or an offence under the Official Secret Act 1923 can be tried along with serviceman.
Hashmat Habib said Pakistan Military Laws are enforced for the maintenance of discipline and it's object is in deliberating on sentence to convict a Court Martial should remember that the object of awarding punishment is the maintenance of discipline and such power is an absolute discretion and proper amount of punishment to be inflicted is the least amount by which discipline can efficiently be made.
He said that 9th May crime is a heinous crime as caused losses to the property of Army and attempted to destroy the discipline, however under the Army act it must be object of all concerns to aim at that high state of discipline which springs from a Military system administer with Judgment and impartiality and no offender will in any circumstances suffer injustice.
Published in The Daily National Courier, June, 02 2025
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