ISLAMABAD: Attorney General (AG) Muneer A. Malik has said in the Supreme Court that in his independent opinion neither the Pakistan Army Act 1952 nor Pakistan Penal Code/Criminal Procedure Code prohibited registration of a case and initiation of a criminal proceeding against a serving army officer if he misused his authority with mala fide intent.
Citing several court verdicts, the AG argued that the protection to a serving army officer would not be there if he abused his legal authority.
The AG was arguing before a two-judge bench headed by Justice Jawwad S. Khawaja that had taken up an application filed by Abida Malik. She has sought production of her husband Tasif Ali alias Danish who went missing on Nov 23, 2011 and was allegedly picked up by Major Haider of the Military Intelligence (MI).