PHC stays execution of another convicted militant

PESHAWAR: The Peshawar High Court (PHC) on Monday stayed the execution of another militant who had been awarded death sentence by a military court on terrorism charges including the murder of Major Abid Majeed.

A two-member bench comprising Justice Syed Afsar Shah and Justice Muhammad Ishtiaq Ibrahim suspended the death sentence and issued notice to the federal government to submit record of the case before September 8.

The court gave its verdict after Fazal Ghafoor, father of the convict Fazle Rabbi hailing from Matta tehsil in Swat district, filed a review petition in the high court.During the hearing, the petitioner’s lawyer Atlas Khan submitted that the security forces took custody of the convict in May 2014 and kept him in their custody.

He explained that Fazle Rabbi’s family came to know through the media on August 17 that the Pakistan Army chief had confirmed the death sentence awarded to him by a military court.The lawyer stated that in its detailed judgment, the Supreme Court while upholding the establishment of the military courts had ruled that their judgments were subject to judicial review on two grounds-jurisdictional error and mala fide intention.

It was stated in the petition that sentence to the petitioner’s son was handed down on mala fide intention as he had gone missing in 2014 and was not involved in any terrorist activity.Earlier, the PHC had also suspended death sentences of three convicted militants and their appeals are pending in the high court.

As per the army-run Inter-Services Public Relations (ISPR), the convict Fazle Rabbi was an active member of the outlawed Tehrik-i-Taliban Pakistan (TTP).“The convict was involved in slaughtering and killing of civilians. He was also involved in attacking armed forces of Pakistan, which resulted in death of Major Abid Majeed and injuries to several soldiers,” the ISPR stated.

It said the convict had confessed to offences before the magistrate and the trial court. It added that he was tried on four charges and awarded death sentence.The ISPR said that Chief of Army Staff (COAS) General Raheel Sharif on August 16 confirmed the death sentences of 11 hardcore terrorists including Fazle Rabbi.

The ISPR said the convicts were involved in the killing of DIG Police Fayyaz Sumbal and ASI Raza Khan of Balochistan Police and Inspector Kamran Nazir of the Inter-Services Intelligence (ISI) in Quetta.

“The convicted terrorists were also involved in sectarian killings, kidnapping and killing of civilians and the personnel of Frontier Constabulary and killing of Major Majeed of Pakistan Army,” ISPR said.