Supreme Court halts executions ordered by military courts

ISLAMABAD: The Supreme Court on Thursday halted execution of death sentences awarded by the military courts to six militants on terror charges.

The apex court was hearing a petition filed by the Supreme Court Bar Association (SCBA) challenging the death sentences handed down by military courts.

Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir were awarded death sentences by the military courts, established under the 21st Amendment to the Constitution and Pakistan Army Act 1952.

Chief of the Army Staff Gen Raheel Sharif ratified the death sentences on April 2.

The SCBA, which had filed its appeal through its former president Asma Jahangir, pleaded to the apex court to pass an interim order staying the execution of the persons until the final disposal of the constitution petition.

It had also argued in the petition that, as the guardian of the Constitution, the apex court has to ensure the Fundamental Rights.

Those who were awarded death sentences are vulnerable because if they are executed it will be irreversible, it was contended in the petition.

Hearing the petition today, a full bench of the Supreme Court led by Chief Justice Nasirul Mulk issued a stay order halting execution on the six death sentences until a verdict is released in the case challenging the 21st Constitutional Amendment.

What guarantee is there that one day a death sentence is carried out despite the Supreme Courts stay order, remarked Justice Asif Saeed Khosa.
He said that two convicts were hanged when the Supreme Court issued a verdict against the military courts in the past.

He added that executions should be halted at least until a verdict is issued regarding the formation of military courts.

The SC bench issued a stay order against the executions, and also sent a notice to the Attorney General of Pakistan regarding the order.

The hearing was subsequently adjourned until April 22.

The SCBA has already challenged the Pakistan Army (Amendment) Act 2015 and sought the interpretation of 21st Amendment to the Constitution, saying its operation and outcome contradict the fundamental rights enshrined in the constitution.