Attorney General Aslam Butt informed the Supreme Court on Thursday that a First Information Report (FIR) could be registered against a currently serving army official according to Pakistan Army regulations.
The three-member bench, led by Justice Jawwad Khawaja, remarked that there was no doubt that an FIR could be filed against a serving Amman, but the question was whether the font would be tried in an army court or a civilian courtroom.
Justice Khawaja said that if the magistrate hands over a detained army personnel to military authorities, he should provide reasons for such a decision.
The tribunal had taken up this matter to insure conformity with its verdict of Dec 10, in the case of missing person Yasin Shah, initiated on the application of his brother Muhabbat Shah.
The report was filed on behalf of Defense Minister Khawaja Mohammad Asif at the Malakand Levy Post and the case was filed under Section 346 of the Pakistan Penal Code (PPC), which deals with wrongful confinement in a private spot.