PHC stays military court execution

PESHAWAR: The Peshawar High Court (PHC) has stayed execution of another convict and suspended the death sentence awarded by a military court for his involvement in the attacks on Malakand University and educational institutions.

It was the second execution stayed by the high court out of 11 convicts confirmed by the Chief of Army Staff (COAS) on May 5.A division bench headed by Justice Roohul Amin Khan stayed the execution of the convict Izzat Khan, resident of Swat district. The appeal was filed through Nargis Bano, wife of the convict.

As per the statement issued by Inter-Services Public Relations (ISPR) May 3, the COAS had confirmed the death sentence of 11 hardcore terrorists, including Izzat Khan. “Izzat Khan was involved in killing of innocent civilians and attacking armed forces of Pakistan as well as Malakand University, which resulted in the death of a civilian, four police officials and injuries to seven others. The convict was also involved in the destruction of three different educational institutions. Moreover, he was found in possession of firearms and explosives,” the ISPR stated.

However, during hearing, Arif Jan, counsel for the convict, submitted that he was wanted by the security forces and was voluntarily handed over to forces on April 11, 2010. He said that he was kept in internment centres in Lakki Marwat and Swat districts. He said the relatives couldn’t didn’t meet him for eight months.

The lawyer stated that through media reports the petitioner came to know that her husband had been convicted and sentenced to death by a military court.He submitted that no further details had been provided as to when and where he was convicted.

The court issued notice to ministry of defence, directed to submit record of the case

and fixed May 22 for next hearing.On May 10, another PHC bench headed by Chief Justice Yahya Afridi had stayed the execution of a convict by suspending the death sentence awarded to him by a military court for his involvement in a suicide bombing in Mardan. The convict Burhanuddin, was of resident of Khar area of Bajaur Agency, whose father Umar Daraz had filed revision petition challenging his conviction.

The Inter-Services Public Relations (ISPR), on May 5 announced the handing down of the death sentences to 11 terrorists, including Burhanuddin, and the sentences were confirmed by the chief of the army staff.

The ISPR said that Burhanuddin, Shaheer Khan and Gul Faraz Khan were members of a proscribed organisation and they were involved in attacking the funeral of a civilian, Abdullah, at Zargrano Killay, Shergarh (Mardan).

The suicide blast at the funeral left 30 people dead, including the then MPA from the area, Imran Khan Mohmand, and around 100 others injured. The ISPR said the convicts had admitted to their crimes before a magistrate and the trial court.

However, Ziaur Rehman Tajik, counsel for the convict contended that the conviction of Burhanuddin was in violation of different articles of the Constitution including Articles 4, 5, 9, 10-A and 25.

He argued that the convict was not provided a fair trial and even not permitted to hire a counsel of his choice.The counsel argued that the suicide blast had taken place in June 2013 and Burhanuddin had been taken into custody by security agencies on Jan 16, 2017. He stated that the convict had a history of mental ailment and he was under treatment.He contended that the convict had no affiliation with any terrorist outfit and he had been falsely implicated in the case.