PHC upholds sentences of two convicts, acquits one in cop murder case

PESHAWAR: The Peshawar High Court (PHC) on Thursday upheld sentences of two convicts in terrorism charges and acquitted another in the murder case of a cop.
A two-member special bench comprising Justice Abdul Latif Khan and Justice Syed Afsar Shah retained the sentences of two terror convicts.These had been awarded by the anti-terrorism court for possessing explosives, suicide jackets and hand-grenades.
In the first case, assistant advocate general, Sikandar Hayat Shah, submitted before the bench that as per the first information report (FIR) registered at the Michni Gate Police Station on July 16, 2013, the police personnel on secret information raided the house of prayer leader Qari Iqbal.
The assistant advocate general submitted that the police during raid arrested on the spot a terror convict Fazal Malik, a resident of Tirah valley, Khyber Agency. A total of 16 suicide jackets, 1200 grams explosives, hand grenades, 46 detonators, 30 meter prima cord, two remote control, 4 split pieces and one time watch were recovered during the raid.
As per the report the prayer leader Qari Iqbal and his wife Sadia had already escaped from the house when the raid was conducted. The anti-terrorism court later sentenced Fazal Malik to life imprisonment. He moved the high court against the sentence.
Counsel for the appellant submitted that he was arrested from other place and falsely implicated in the case. He said the recovery was made from the house of his relatives. However, the state lawyer defended the conviction and pointed out that he was arrested on the spot and the recovery made in his presence.
The bench also dismissed the appeal of another terror convict Muhammad Ghani, a resident of Sherpao village in Charsadda district, against conviction over terrorism charges. However, the bench declared his conviction as concurrent due to which his conviction was commuted to 14 years from 39.
As per the FIR registered in the Jangalkhel Police Station, the police during search of his pick-up recovered 142 kg explosives and 1,385 cartridges. The ATC judge then awarded him 39 years sentence and declared his sentence as consecutive.
After hearing both the sides, the special bench dismissed the appeal against conviction, but declared his sentence as concurrent. Due to this his sentence was reduced to 14 years in imprison.
However, the special bench acquitted a terror convict, Shah Izzat, of life imprisonment in the murder case of a police head constable and injuring another. As per the police report, the personnel of Gulberg Police Station on July 7, 2011 arrested the accused three days later after firing on a police rider squad in Gulberg area. Khan Gul, a head constable, had died and a constable Adnan Khan and a passerby were injured in the incident.