SC seeks record of allegations against accused convicted by military court

ISLAMABAD: The Supreme Court on Wednesday sought from Ministry of Defence complete record pertaining to the allegations against the accused persons, convicted by the military court besides details of the evidences, supporting the allegations.

A three-member bench of the apex court headed by Justice Mushir Alam heard an appeal filed by the Ministry of Defence against the verdict of Peshawar High Court acquitting some 70 individuals, convicted by the military courts.

During the course of hearing, counsels appearing for the accused persons submitted before the court that the military court had awarded punishment to the accused after conducted one-sided proceedings. They submitted that the accused were not given an opportunity of defence and deprived them of getting fair trial in transparent manner.

The counsels further submitted that after convicting the accused their family members were not informed but they came to know through media. The counsel contended that the learned high court had held that the accused persons were deprived of fair trial. The lawyers further submitted that the Minister of Defence did not provide complete record of the matter with its appeal which shows malafide on the part of the ministry. They contended that except confessional statement of the accused, no evidence was produced before the court.

“Hence punishment like death sentence cannot be awarded on mere confessional statement of an accused”, the lawyer contended adding that neither there was any proof of eye witness of place of incident nor any type of testimony recorded against the accused.

Meanwhile, the court adjourned the hearing for today (Thursday) directing the Ministry of Defence to submit complete record pertaining to the allegations levelled against the accused persons, convicted by the military court besides details of the evidences, supporting the allegations.

It is pertinent to mention here that on November 2, 2018 the apex court had restrained the jail authorities to release 70 terror suspects, convicted by military courts involved in different terrorist activities in the country.

A two-member bench of the apex court headed by Justice Sheikh Azmat Saeed had heard appeals of the defence ministry against the verdict of Peshawar High Court, acquitting all the 68 terror suspects, convicted by military courts due to lack of evidence. The court while setting aside the verdict of the learned Peshawar High Court, had restrained the jail superintendent from releasing the 70 terror suspects, convicted by the military courts, involved in different terrorist activities.

The Peshawar High Court (PHC) has overturned the death sentence of around 70 people convicted by the military courts on terrorism charges and declared that all these are cases of no evidence and based on malice of facts and law.

In the 173-page judgment authored by PHC Chief Justice Waqar Ahmad Seth, the high court directed the government and law-enforcement agencies to set free all the convicts from internment centres if not required in any other case. The second judge in the bench was Justice Lal Jan Khattak.

A perusal of the record produced in the high court showed that around 70 convicts were awarded death sentence for being active members of the outlawed Tehrik-i-Taliban Pakistan (TTP) from Swat, South Waziristan and North Waziristan.

As per record of the military courts mentioned in the judgment, the convicts were awarded death sentence on the basis of their confessional statements before the magistrate for carrying out attacks on the security forces, police, civilians and Imambargahs. Many also confessed participating in attacks in Afghanistan. All these attacks caused the killing of personnel of the security forces and the police as well as civilians.