ISLAMABAD - The Supreme Court registrar office on Saturday returned the application of a convict awarded death sentence by a military court in April this year.

Taking benefit of the Supreme Court full court’s judgment on 21st Amendment, Zahir Shah, the father of the convict, moved the apex court for review of sentence under Article 184(3) of the Constitution.

The registrar office said: “The petitioner has not approached the high court concerned or any other appropriate forum available to him under the same law for the same relief.”

The petitioner had filed the petition under Article 184(3) of the Constitution in public interest. The petitioner had mentioned that he was denied a copy of the judgment of the military court as well as record of the case.

Counsel for the petitioner, Zulfiqar Bhutto advocate, talking to The Nation, said the authorities deprived his client of his right to file an appeal or seek remedy from the high court or the Supreme Court by refusing to furnish him a copy of the judgment and record of the case. “This is against Article 4 of the Constitution which says citizens will be dealt with in accordance with law,” he added. He said it was also against Article 10A of the Constitution which states an accused has the right of fair trial.

The petitioner prayed to the apex court to direct the respondents to provide to him copies of all the necessary documents of proceedings pertaining to his son sentenced to death by the military court in Swat so that he could file a petition in the high court or the Supreme Court of Pakistan against the judgment.

The petitioner said the recent judgment passed in the constitutional petitions did not bar a convict from exercising his legal right to file a petition against the military court’s verdict.

“Refusal to deliver necessary copies of documents to a convict or any person authorised by him is tantamount to deprive him of his fundamental right which guarantees fair trial and is also against Article 10-A of the Constitution,” he said.