SC halts execution of four military court convicts till February 16

ISLAMABAD: The Supreme Court on Tuesday halted the execution of four death-row prisoners sentenced by military courts for their involvement in different terrorist activities, including facilitating the Army Public School attack in Peshawar on December 16, 2014.

A two-member bench of the apex court, comprising Justice Dost Muhammad Khan and Justice Qazi Faiz Isa, while hearing appeals filed by the family members of four convicts, stayed their execution till Feb 16.

The court directed the attorney general for Pakistan to inform it about the status of the petitioners’ appeals against their convictions, pending with the Chief of the Army Staff, besides issuing a notice to Judge Advocate General Branch (JAG).

The JAG comprises senior military officers, lawyers and judges who provide legal services to the army, air force and navy.

The family members of the four men had filed appeals with the Supreme Court against the orders passed by the Peshawar High Court, dismissing their petitions with the ruling that no question of coram non judice or want of jurisdiction was established by the petitioners’ counsel.

After dismissal of their petitions, the petitioners through their counsel Abdul Latif Afridi and Khalid Anwar Afridi challenged the decision in the Supreme Court.Two persons, including Taj Muhammad and Aliur Rehman, were convicted by the military courts for facilitating the attack on the APS on December 16, 2014 killing over 140, mostly children.

Taj Muhammad alias Rizwan was among those seven convicts awarded death sentence by the military court and Chief of the Army Staff General Raheel Sharif had confirmed their death sentences.

Mst Nek Maro, mother of Taj Muhammad alias Rizwan, however, in her petition filed with the Supreme Court contended that her son had no criminal history as neither his family was associated with any banned or terrorist organisation with any such organisation.

She contended that when the APS attack took place her son was in the hospital taking care of his seriously ill wife. It was indeed surprising and shocking for the family when the news was heard that Taj Muhammad had been sentenced to death in APS attack case”, Mst Nek Maro contended.

Qari Zubair is stated to have involved in a blast on a mosque in Nowshera. Muhammad Imran is convicted by the military court for firing on a check post in Bajur Agency in which eight people, including six army personnel, were killed.

Sakhi Mohammad, father of convict Qari Zubair, had filed an appeal with the Supreme Court against the Peshawar High Court order of December 9, 2015. Muhammad Ayaz, real brother of convict Muhammad Imran, had moved the Supreme Court against the order of Peshawar High Court.

In his petition before the PHC, Muhammad Ayaz had questioned the death sentence awarded to his brother Muhammad Imran on the ground that the conviction and sentence awarded to  the convict was without any notice and knowledge and without giving him an option to produce evidence in defense.

The Peshawar High Court on January 12, 2016 dismissed his petition with the ruling that his counsel was unable to make out a case for interference of court as he could not establish any mala fide or jurisdictional defect or coram non judice on the part of respondents.

The court ordered that the convict be treated strictly in accordance with the law, Jail Manual/Prison Rules after conviction. On Tuesday, Abdul Latif Afridi and Khalid Anwar Afridi submitted that Article-10A, which ensured fair trial, had been neglected during the military court proceedings and the accused were not given opportunity for their defense. 

They informed the court that the decision of military courts was challenged in Peshawar High Court but it also rejected the appeals on December 9, 2015 ruling that the appeals did not fall within its purview.

The court after hearing the counsel stayed the execution of four convicts until February 16 after directing the Attorney General for Pakistan to inform it about the status of appeals of petitioners pending with the military authorities.