PHC stays execution of man convicted by military court

Bench suspends death sentence till April 5

PESHAWAR: The Peshawar High Court (PHC) on Monday stayed the execution of a convict who was earlier awarded death sentence by a military court in a terrorism case.

A two-member bench comprising Justice Waqar Ahmad Seth and Justice Irshad Qaiser suspended the death sentence of Fazle Ghaffar, son of Shehzada and a resident of Swat, till April 5 when the next hearing of the judicial review petition against the conviction would take place.

The bench issued notice to ministries of defence and interior to submit reply in the petition within 15 days.The court also issued notice to Attorney General of Pakistan and Advocate General of Khyber Pakhtunkhwa to appear and assist the court on legal questions raised in the petition against the conviction.

As per the statement issued by army-run Inter-Services Public Relations (ISPR) on March 15, 2016, the convict Fazle Ghaffar, son of Shehzada, was an active member of the outlawed Tehrik-i-Taliban Pakistan (TTP).

It said he was involved in attacks on the armed forces that caused death and injuries to soldiers.“He was also in possession of a suicide jacket. The convict confessed to his offences before the magistrate and the trial court. He was tried on four charges and awarded death sentence,” the ISPR stated.

The convict had filed the judicial review petition through his mother.  During hearing, his lawyer submitted before the bench that the parents did not know on which charges their son had been awarded death sentence.

He argued that the convict had been picked up by the military personnel in 2009 and then shifted to the Internment Centre in Swat. He said that on March 16 the parents knew about death sentence to their son through newspapers.

The lawyer also submitted that as per the Supreme Court decision in the 21st Amendment and subsequent amendments to the Army Act, a judicial review against the conviction of military court could be filed in the high court and Supreme Court.

As per the ISPR statement issued on March 15, the chief of army staff had confirmed death sentences awarded to another 13 hardcore terrorists who were involved in committing heinous offences.

These included the killing of foreign tourists at Nanga Parbat, attack on the Saidu Sharif Airport, destruction of schools, attacks on the armed forces, law-enforcement Agencies and civilians. These convicts were tried by military courts.