PHC stays conviction by military court

PESHAWAR: The Peshawar High Court (PHC) on Monday stayed the execution of a convict by a military court for his involvement in terrorist activities.

A single bench of Justice Muhammad Ayub suspended the death sentence to Bashir Ahmad till further order. A military court had sentenced him to death. The chief of army staff had confirmed it.

The bench also issued a notice to the federal government through Ministry of Defence to produce the record of the case held by the military court. The court passed the order in a review petition filed against the decision of the military court. The petition was filed by Shehnaz, wife of the convict, through her lawyer Taimur Haider Khan.

The lawyer prayed before the court to stay the execution as he could be hanged in a few days as his black warrant had already been issued. He argued the convict, a resident of Shabqadar tehsil in Charsadda district, was picked up by unidentified persons from his house on January 26, 2010. The lawyer pointed out that the family members searched for him everywhere, but could not trace him.

It was submitted that the petitioner learnt from newspapers that a military court had awarded him the death sentence.The lawyer contended that the conviction had been awarded without [following the] due process of law and without providing ample opportunity of defence to the petitioner’s husband.

As per the ISPR, the chief of army staff on December 20 confirmed the death sentence of 14 hardcore terrorists, including Bashir Ahmad for their involvement in terrorist offences, including attacks on armed forces, law-enforcement agencies, destruction of communication infrastructure, a police station, an educational institution and killing of innocent civilians.

About the specific charge of the convict Bashir Ahmad and his three accomplices, including Muhammad Wahab, Gul Muhammad and Afreen Khan, it said, the convicts were involved in attacks on law-enforcement agencies, resulting in the deaths of Subedar Awal Khan, Naik Azmatullah and causing injuries to another soldier.