Five awarded death by military court file appeal in LHC

RAWALPINDI: Five convicts charged with the Safoora Goth carnage and Sabeen Mahmud murder cases in Karachi, have filed appeals before the Lahore High Court (LHC), Rawalpindi bench, while praying that the orders of field general court martial (FGCM) on May 14, 2016 and rejection of their appeals on July 25, 2016 by military court of appeals may be set aside.

An LHC division bench will hear this case on Monday, September 26.

An Inter-Services Public Relations (ISPR) press release on May 12 had announced the confirmation of the death sentences to the five terrorists including Tahir Minhas, Saad Aziz, Asadur Rehman, Mohammad Azhar Ishrat and Hafiz Nasir Ahmed in nine cases of terrorism, including the Safoora Goth carnage and the Sabeen Mahmud murder case.

Petitioners have made secretary Ministry of Defence and secretary Ministry of Interior as respondents.

The petitioners through their counsel Hashmat Habib advocate contended in the petition that they were being involved in a number of cases and challans were submitted in the ATC. Trials of the said cases were pending but the Sindh Police without authority on January 12, 2016 transferred cases of the petitioners onward for trial by the military court. For four months, the petitioners remained confined and were not allowed to meet their family members. On May 14, 2016, the petitioners were shifted to Central Prison, Karachi, with military court orders to be hanged by neck till death.

That the judgment passed by the FGCM was challenged before the Court of Appeals that through single liner judgment rejected the appeals on July 25, 2016. During proceedings of appeals, the petitioners were not provided with the copies of FGCM proceedings.

The petitioners contended that they were innocent and have been made scapegoat to save the real culprits involved in different cases.

That from the sequence of events right from petitioners arrest till rejection of appeal, it appears that the petitioners have been awarded death penalty already determined by the elements at the helms of affairs. Thus, the sentence is not sustainable and is nullity in the eyes of law.

The petitioners contended that throughout the court proceedings, their defence lawyer was a mere spectator. All witnesses had changed and fine-tuned their statements recorded previously.

That under Article 10A of the Constitution, fair trial and due process is guaranteed further to avail the services of defence counsel of choice is also guaranteed. Similarly, the Pakistan Army Act and its rules also guarantee the right of fair trial and due process but all such rights have been refused and the petitioners are made victims of circumstances thus the sentence is not sustainable and liable to be set-aside.

As per prosecution, the convict Tahir Minhas was the mastermind of the Safoora Goth carnage date May 13, 2015 where 47 members of the Shia Ismaili community were killed in an attack on their bus.