' MALIK HAQ NAWAZ, J.---The petitioners were booked in case FIR No, 20/2013 dated 23.06.2013 and FIR No, 55/13 dated 06.08.2013 registered at Police Station Chilas District Diamer.
2. The petitioners were tried by a field General Court Martial (FGCM) held at Gilgit and the Military Court rendered verdict of guilt against the petitioners and they all were awarded death sentence except petitioner Habib-ur-Rahman, who was awarded 10 years' R.I.
3. The judgment of Military Court was announced on 12.02.2016 and it was impugned before the Military Court of appeal, who also dismissed their appeal on 26.07.2016, after due notice to the petitioners, as evident from the record, annexed with the petitions and available on pages 24-32 of the petitions.
4. The petitioners invoked the jurisdiction of Lahore High Court Rawalpindi Bench by filing a writ petition No, 2551/2016, which was dismissed on 22.11.2016 for want of jurisdiction.
5. The petitioners have now approached this Court through the instant writ petitions with the following prayers:- a. That this petition may be declared to be maintainable in terms of the law laid down by the Apex Courts in Military Trial Court cases reported at PLD 2015 SC 401 and plethora of law laid down by the Apex Court in cases relating to Armed Forces Laws report at PLD 1975 SC 506 (F.)3. Ali's Case), PLD 1996 SC 632 (Mrs. Shahida Zaheer Ul Islam Abbasi's case), PLD 2007 SC 498 (Raja Ishaq Qamar's case), 2012 SCMR 1229 (Abdul Basit case), 2014 SCMR 849 (Ex-Risaldar Ghulam Abbas's case), 2013 SCMR 596 (Rana Naveed's case), PLD 2009 SC 866, (Ghulam Abbas Niazi's case) and 2014 SCMR 1530 (Lt. Col. Munir Gill's case). b. That the authority exercised by the Federal Government to transfer the petitioners' case to the Military Trial Court/FGCM was arbitrary and capricious thus being colorful exercise of power, was illegal and void ab initio. c. That the procedure adopted by the FGCM was violative of the Pakistan Army (Amendment) Act, 2015, and the trial held thereunder was illegal as well, as void, being malice in law and was nothing but an authority exercised without law. d. That the de-novo investigation undertaken by the Army Authorities were illegal and without jurisdiction. e. That the act of Army Authorities to deny/delay provision of the proceedings of Court of Appeals as well as Court Martial and other documents was illegal/mala fide in law being contrary to the rules governing the subject and the Respondent No, 1 may be directed to instruct Army Authorities accordingly for their supply to the petitioners. f. That the custody of the petitioners by the Military Intelligence Authorities/Military custody after transfer of their case from Anti Terrorism Court was illegal and all actions including recording of Summary of Evidence too were illegal and without any legal fiat. g. That tall subsequent actions including trial by FGCM besides being violative of the Pakistan Army (Amendment) Act, 2015, and based on the infrastructure built on illegal order too was devoid of any legal sanctity and was liable to be quashed. h. That transfer of the petitioners from District Jail Gilgit to Cental Jail Adiyala, Rawalpindi and further to Central Jail Sahiwal was unlawful and without due authority backed by any law and the petitioners be directed to be reverted back to their native area (Any jail in Northern Areas), especially when their courts (including respectable Lahore High Court) is reluctant to exercise jurisdiction in the matter, despite it being a case of concurrent jurisdiction). i. Any other equitable relief which this august court deems fit and proper may also be granted to the petitioners."
6. The learned counsel for the petitioners Raja Zia-ur-Rahman submitted at bar that the learned senior counsel could not reach Gilgit due to non-availability of flight and seek an adjournment, which was refused firstly that there was no application for adjournment filed by the learned senior counsel and on our direction the Registrar of this Court also confirmed that no such request even through fax has been received, secondly as evident from the contents of writ petitions the petitioners have already exhausted the remedies of appeal available to them under law from the forum of appeal.
7. There are water tight arrangements for exercise of jurisdiction in such like matter and the clear boundaries have been demarcated. This Court cannot sit as a revisional or appellate Court to review or set aside the judgments rendered by a Court of competent jurisdiction, which have been created through Constitutional amendment, to eradicate the menace of terrorism. The Military Courts have been established through (twenty first) amendment Act, 2015 and the Pakistan Army (Amendment) Act, 2015 has been made solely for the purpose of ensuring the integrity and security of Pakistan and to eradicate terrorism, being launched by hard core "terrorist". The trial of hard core terrorists/criminals is not an encroachment of their fundamental right and their trial by Military Court is not in violation of fundamental right and concept of fair trial. Wisdom is drawn from PLD 2015 SC 369, wherein it has been held:-
(tttt) Constitution (Twenty-first) Amendment Act (I of 2015)............ ----Ss. 2, .3 & Preamble---Pakistan Army Act (XXXIX of 1952) (as amended by the Pakistan Army (Amendment) Act (II of 2015)], Preamble---Protection of Pakistan Act (X of 2014), Preamble--- Constitution of Pakistan, Arts. 4 & 184(3)---Constitutional petition before the Supreme Court under Art. 184(3) of the Constitution challenging the Constitution (Twenty-first) Amendment Act, 2015 and Pakistan Army (Amendment) Act, 2015---Military Courts---Trial of civilians in Military Courts-- - Constitutionality--- Constitution (Twenty first) Amendment Act, 2015, and Pakistan Army (Amendment) Act. , 2015, gave jurisdiction to the Military Courts for the trial of such persons who claimed or were known to belong to any terrorist group or organization using the name of a religion or a sect and raised arms or waged war against Pakistan etc., or attacked the armed forces or law enforcement agencies of Pakistan---State of Pakistan was presently passing through difficult times, as the terrorists/insurgents who were to face trials before the Military Courts were desperate persons whose avowed objective was to destabilize the Government and the State of Pakistan and to establish their own writ based upon their own interpretation of religion---Trial conducted by Military Courts provided the accused with all the basic rights available in a criminal trial---Constitution (Twenty-first) Amendment Act, 2015 and Pakistan Army (Amendment) Act, 2015 did not militate against the essential features of the Constitution."
8. In the light of above discussions, all the titled writ petitions are dismissed in limine being meritless.