Pakistan court grants access to limited records in Navy death sentence case

Pakistan's Islamabad High Court (IHC) has directed defense counsel for five Navy personnel sentenced to death to access portions of the inquiry report relevant to their case. The court set December 9 at 10:00 AM for a review hearing with Additional Attorney General Munawar Iqbal Duggal present.

During proceedings, Navy officials informed the court that relevant documents had been shared during the trial but argued that the full Board of Inquiry report could not be disclosed due to national security concerns. They offered limited access to sections of the record related to the accused, available for review at Naval Headquarters.

Justice Babar Sattar, presiding over the bench, ordered the Additional Attorney General to ensure the defense counsel had sufficient time to examine the documents. He clarified that while recommendations and post-inquiry actions could remain confidential, records directly linked to the accused must be accessible.

The five Navy personnel were convicted and sentenced to death by a naval court-martial for their involvement in the 2014 Karachi Naval Dockyard attack. Their executions remain stayed by the IHC as deliberations continue.

Case overview

In June, the IHC temporarily halted the execution of five former Navy personnel sentenced to death in connection with the 2014 Karachi Naval Dockyard attack.

The individuals, including ex-lieutenant Arslan Nazir Satti, were convicted by a naval court martial on charges of mutiny, conspiracy, possession of weapons, and alleged links to the Islamic State (IS) militant group.

The case revolves around a foiled attempt on September 6, 2014, to hijack the warship PNS Zulfiqar and use it to target a U.S. Navy refueling ship.

Security forces thwarted the attack, killing two militants and apprehending four others. The convicted officers were sentenced to death, with their appeals dismissed despite claims of procedural irregularities.

The petitioners contend they were denied legal counsel during the court-martial and access to critical evidence, including the court of inquiry report and abstract of evidence. They argue that these documents are essential for understanding the grounds for their conviction and mounting an effective defense.

Justice Sattar emphasized the need to balance national security concerns with the defendants’ right to a fair trial. The court continues to scrutinize the trial's fairness and the withholding of evidence, with the stay order on executions remaining in effect.