PHC suspends another death sentence awarded by military court

PESHAWAR: The Peshawar High Court (PHC) on Wednesday stayed execution of another convict and suspended the death sentence awarded by a military court to Muhammad Zeb of Swat for his involvement in an attack on security forces in which five soldiers were killed.

It was the third execution stayed by the high court out of 11 convicts confirmed by the chief of army staff (COAS) on May 5. A division bench comprising Justice Ikramullah Khan and Justice Ishtiaq Ibrahim stayed the execution of the convict Muhammad Zeb, resident of Swat district. The appeal was filed through Muhammad Zahir Shah, brother of the convict.

As per the statement of ISPR, Muhammad Zeb was a member of a proscribed organisation. "Zeb was involved in attacking armed forces of Pakistan, killing Naib Subedar Muhammad Hanif, Havaldar Muhammad Naseer, Havaldar Muhammad Qayyum along with two other soldiers and injuries to six others.

He was also found in possession of firearms and explosives. The convict confessed his offences before the judicial magistrate and the trial court," the ISPR stated.

Lawyers Sahibzada Asadullah and Irfan Ali Yousafzai appeared for the convict in the case. During hearing, Sahibzada Asadullah submitted that the security forces had first picked him about eight years ago. He was released but again arrested by the forces some two months before the 2013 general elections.

He submitted that after five years, he was convicted by the military court and his death sentence was confirmed by the COAS on May 5, 2018. However, he argued that no fair trial had been conducted in the case as the family knew about his death sentence through the media after confirmation by the COAS. He requested suspension of the conviction till disposal of the case and examination of record of the trial conducted by military court.

Earlier, the high court had also suspended the death sentence of two convicted persons, ie Izzat Khan and Burhanuddin. As per the statement issued by ISPR, 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 allegedly involved in the destruction of three different educational institutions. Moreover, he was found in possession of firearms and explosives.

Also, the ISPR stated that Burhanuddin, Shaheer Khan and Gul Faraz Khan were members of a proscribed organisation and involved in attacking the funeral of a civilian, Abdullah, at Zargarano Killay in 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 were injured," the ISPR said, adding that the convicts had admitted to their crimes before a magistrate and the trial court.