Military court convicts: PHC passes conditional order in 66 review petitions

PESHAWAR: The Peshawar High Court (PHC) on Tuesday passed a conditional order in 66 review petitions filed by the terrorism convicts against the decisions of military courts, directing the Ministry of Defence to provide records of the cases on May 25 or else the court would decide the cases.

The court has already temporarily stopped the execution of 66 convicts by suspending their death sentences awarded by military courts since June 2018. "In some cases, more than six months have passed but the Ministry of Defence failed to provide records of military courts' decisions," PHC Chief Justice Waqar Ahmad Seth observed while heading a division bench in the cases of 66 persons convicted by military courts on terrorism charges. Justice Muhammad Ibrahim Khan was the second judge on the bench. A representative of the Ministry of Defence sought more time for provision of the military courts' records in the cases. He informed the court that the record was delayed as there had been an extraordinary situation for the law-enforcement agencies for the last month as the enemy attacks were foiled at several points in the border areas. The chief justice observed that the situation remained tense for the last several weeks, but the court had ordered production of records in the cases about five to six months ago. Additional Attorney General of Pakistan Manzoor Khalil also sought further time for the submission of the records, citing the prevailing situation in the country for the law-enforcing agencies.

"In view of the prevailing war-like situation, the respondents request for more time for providing the records for examination before the court. The respondents are directed to provide records on May 25 for examination of the lawyers. The court will pass an order in the cases on May 28 if the Ministry of Defence failed in providing the records," the bench said as it passed the conditional order in the cases. However, counsels for the convicts submitted before the bench that the court had time and again ordered the Ministry of Defence to provide records of the cases, but it failed to do so. They requested the court to issue their release order and the case should be decided after examination of the records when produced. On October 19, 2018, the PHC in its detailed judgment authored by the Chief Justice Waqar Ahmad Seth had ruled that the recent terrorism convictions by the military courts in the province were wrongful and based on ill-will, not evidence. In its 173-page judgment in 75 petitions of military court convicts, the PHC had ruled that while exercising their power of judicial review in light of the judgments of the apex court, it accepted all petitions, set aside the impugned convictions and sentences, being based on malice in law and facts, and directed respondents, including federal and provincial governments, to free all convicts and internees if they are not wanted in any other case(s).

However, the Supreme Court of Pakistan on December 24, 2018, suspended the judgment of the PHC in the appeal filed by the federal government against the decision for setting aside the punishments awarded to 74 convicts by military courts in various cases of terrorism. In addition, the top court stayed the release of the alleged terrorists till a written order was issued after hearing the appeals, filed by the Ministry of Defence, which is still pending in the SC.