Ex-TTP spokesman’s execution stands restored

PESHAWAR: The execution of former spokesman for the Tehrik-e-Taliban Pakistan (TTP) Swat, Muslim Khan, was restored on Thursday after his lawyer withdrew the review petition from the Peshawar High Court (PHC) to file a fresh one in the Rawalpindi bench of the Lahore High Court.

A two-member bench comprising PHC Chief Justice Yahya Afridi and Justice Abdul Shakoor dismissed as withdrawn the judicial review petition filed by Nida Bibi, wife of Muslim Khan, after her lawyer Muhammad Tariq Asad requested the court that she wanted to file the case in the Rawalpindi bench of the Lahore High Court.  Her petition is against the military court’s decision of death sentence to Muslim Khan on multiple charges of terrorism.

Additional Attorney General of Pakistan Manzoor Khalil said that after withdrawal of the appeal against Muslim Khan’s conviction, the stay order of the court on the execution of the TTP Swat spokesman has been automatically vacated.

On May 25, 2017 the PHC had stayed Muslim Khan’s execution.

The Inter-Services Public Relations (ISPR) on December 28, 2016 announced the conviction of Muslim Khan by a military court.

It claimed that he was involved in the killing of innocent civilians and attacks on armed forces and law-enforcement agencies that resulted in the death of 31 people, including Inspector Sher Ali, and injuries to 69 others.

The ISPR claimed that Muslim Khan was also involved in the slaughtering of four army officials including Captain Najam Riaz Raja, Captain Junaid Khan, Naik Shahid Rasool and Lance Naik Shakeel Ahmed.

It added that he was involved in the kidnapping of two Chinese engineers and a local civilian for ransom.

The ISPR said the convict had admitted his offences before the magistrate and the trial court.

In the previous hearings, Muhammad Tariq Asad, representing the petitioner, had raised different objections to the trial of Muslim Khan under the Army Act.

He said the convict was taken into custody by the security forces in September 2009 after which nothing was known about him. Finally, he said his family came to know about his conviction through newspapers in December 2016.

The counsel said his family had not been provided with the record of the trial proceedings and the charges on which Muslim Khan was convicted weren’t known. He said the family submitted an application to the military court seeking details of the trial proceedings, but no reply was given.

He said the convict was not provided with a counsel of his choice and was denied fair trial as provided under Article 10-A of the Constitution.

The counsel said that the convict had remained in custody of the security forces for seven years and the conditions under which he was kept weren’t known. He also argued that the proceedings of the military court were one-sided.