PHC stays execution awarded by military court

PESHAWAR: The Peshawar High Court (PHC) on Thursday stayed execution of a man who had been awarded death sentence by a military court on terrorism charges. A two-member bench comprising Justice Waqar Ahmad Seth and Justice Lal Jan Khattak suspended the sentence.

The bench issued a notice to the federal government to submit the record before the next hearing into the case. The convict was among the nine whose death sentences were confirmed by the chief of the army staff on November 7.

According to the Inter-Services Public Relations (ISPR), the convicts were hardcore terrorists involved in heinous offences related to terrorism, including killing of innocent civilians, slaughtering of Levies officials and attacking the armed forces. The ISPR had stated Javed Khan, son of Faqeer Gul, was an active member of the banned Tehrik-e-Taliban Pakistan (TTP). “The convict was involved in killing of innocent civilians and attacking law-enforcement agencies (LEAs) which resulted in death of Raheem ullah, a civilian and army soldiers Naseer Ahmed and Bacha Hasan. He was also involved in killing of Havaldar Hazrat Ghani.

He was found in possession of fire-arms and explosives,” the ISPR said, adding that the convict confessed to his offences before the magistrate and the trial court. Wife of the convict, Robina, filed the review petition against the military court’s decision through her lawyer, Sahibzada Asadullah. The lawyer submitted that Malakand Levies and security forces had first picked up the convict from his hujra or male guest house on December 4, 2011.

He said the petitioner then filed a habeas corpus petition in the high court against the enforced disappearance of her husband. However, he said, in reply to the court all the law enforcing agencies denied presence of the convict in their custody.

The lawyer said now the petitioner came to know through media that he had been awarded death sentence on terrorism charges. He submitted before the bench that no fair trial was conducted as the convict was not given a chance to defend himself in the military court. The lawyer requested the court to suspend the death sentence till a final decision in the case.

It was the fifth convict out of the nine, whose death sentence was stayed by the PHC as a division bench comprising the chief justice and Justice Lal Jan Khattak on Wednesday stayed execution of the four convicts - Zahid Khan, Umar Saeed, Rahmat and Bakht Wali - all residents of Khyber Agency were stated to be active members of the Mangal Bagh-led Lashkar-i-Islam and the TTP, both outlawed militant organisations.