PHC stays execution of ‘terrorist’

Dir citizen challenges death sentence in another case

PESHAWAR: The Peshawar High Court (PHC) on Tuesday stayed the execution of a convicted terrorist that was scheduled to take place in Kohat prison today (Wednesday).

A military court had awarded death sentence to Fateh Khan after terrorism charges were proved against him.

A two-member bench comprising Justice Waqar Ahmad Seth and Justice Muhammad Younas Thaheem stayed the execution of Fateh Khan till April 5 and issued notice to the ministries of Interior and Defence to submit replies in the petition before the next date of hearing.

Zarba Khela, mother of the convicted person and resident of Khyber Agency had filed the judicial review petition and requested the court to stay her son’s execution. She had earlier received a notice from the Kohat prison that her son would be executed on Wednesday.

In the petition, she stated that her son was picked up by the security forces on November 20, 2014 from Sarband area of Peshawar.

She submitted that her son remained missing since then. She said the Peshawar High Court on March 3, 2016 in her habeas corpus petition issued notices to the ministries of Defence and Interior and the intelligence agencies with a directive to submit replies about the whereabouts of her son.

The woman claimed in the petition that on March 25, 2016 she received a notice from the office of assistant political agent, Bara, Khyber Agency, through the Kohat prison that her son had been awarded death sentence by a military court in cases related to terrorism. In the notice, she said her family was asked to have a last meeting with Fateh Khan on March 29 as he was being executed in Kohat prison on Wednesday.

In the petition, she prayed the court to stay the execution as she did not know why her son is being executed and for which crime.

Earlier, the high court had also stayed execution of two other alleged terrorist, who were awarded death sentence by military courts. 

Meanwhile, a citizen from Upper Dir district on Tuesday challenged in the Peshawar High Court (PHC) the award of death sentence to his brother by a military court.

Ajab Gul, brother of the convicted terrorist Taj Gul, son of Sultan Zareen, challenged the sentence through his lawyer Arif Jan.

It was stated in the judicial review petition that some five years ago the family members had handed over Taj Gul to the security forces.

The petition said the family members had met the detainee several times at the internment centre in Swat. Later, they came to know through the media on March 15 about his death penalty.

The brother of the convict prayed the court to suspend the execution as no charges were conveyed to the detainee and he was denied the right to defence during the trial.

As per the army-run Inter-Services Public Relations statement, the convict was involved in attacking the law-enforcement agencies, which resulted in the deaths of police constables and levies personnel.

The ISPR said a cache of arms and explosives were recovered from him. It said the convict had confessed to the offences before the magistrate for which he was awarded the death sentence.

He was among the 13 convicts whose death sentences were confirmed by Chief of Army Staff General Raheel Sharif.

According to the ISPR, the condemned terrorists were tried by the military courts for involvement in the Nanga Parbat attack, Saidu Sharif Airport, destruction of schools, attacks on the armed forces, law-enforcement agencies and civilians.