PHC stays execution of man convicted by military court

Declares cancellation of Gomal Zam Dam construction orders by Wapda as void

PESHAWAR: The Peshawar High Court (PHC) on Tuesday stayed execution of an alleged terrorist who had been awarded death sentence by a military court in a terrorism case.

A two-member bench comprising Yahya Afridi and Justice Roohul Amin Khan suspended the death sentence. It issued notice to federal government through Ministry of Defence for submission of record of the case before the next hearing.

The court suspended the military court’s death sentence in a review petition filed by Muhammad Ayaz, the brother of the convict, Muhammad Imran, son of Abdul Manan, a resident of Takht Bhai in the Mardan district.

The petitioner’s lawyer Sajeed Afridi submitted before the bench that the convicted person was student of a 3rd year at Islamia College. The lawyer stated that the convict went missing in 2008 after he was injured in the security forces firing in Mohmand Agency. His driver, who died in the incident, did not stop the car despite signalled by the security forces, said the lawyer.

The relatives, he said, then filed a habeas corpus petition in Peshawar High Court for his safe recovery.

In March 2015, the lawyer said the high court disposed of the petition after receiving oversight board report that he had been shifted to internment centre in Timergara in Lower Dir and declared ‘black’.

The lawyer stated that in its detailed judgment, the Supreme Court, which had upheld the creation of military courts, had ruled that the judgments of the military courts were subject to judicial review on two grounds i.e. jurisdictional error and mala fide of the law.

It was stated in the petition that sentence to the petitioner’s brother was handed down on mala fide intention as he went missing in 2008 and was not involved in any terrorist activities.

As per the Inter Services Public Relations (ISPR) statement released in January 1, it was stated that the Chief of Army Staff General Raheel Sharif confirmed the death sentences of the nine men who were sentenced for offences relating to terrorism, including an attack on the Parade Lane Masjid, Inter-Services Intelligence (ISI) Headquarters (HQs) in Multan, attacks on law-enforcement agencies (LEAs), and the kidnapping and murder of civilians in Lahore.

Muhammad Imran, son of Abdul Manan, was one of the nine convicted persons. “The convict was an active member of the TTP. He was involved in terrorist acts and attacks on the LEAs, killing and injuring civilians and soldiers. He admitted his offences before a magistrate and trial court. He was tried on four charges and awarded a death sentence,” the ISPR said.

Before filing the judicial review petition, the petitioner had also filed an appeal in the GHQ to the Chief of Army Staff against the death sentence, which was dismissed recently.

Meanwhile, the PHC on Tuesday declared the contract cancelation order by Wapda regarding construction of Gomal Zam dam to a private firm as void.

A two- member bench comprising Justice Yahya Afridi and Justice Roohul Amin declared the contract cancelation order of Wapda unlawful and restored the contract given to Kundi Construction Company.

The court after hearing arguments from both the parties declared the Wapda order about cancelation of contract as void and restored the Kundi Construction Company’s contract.