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May 9, 2019

PHC sets aside 40 years conviction to alleged terrorist

Peshawar

May 9, 2019

PESHAWAR: The Peshawar High Court (PHC) on Wednesday set aside 40 years conviction awarded to a man for allegedly being an active member of the Tehrik-i-Taliban Pakistan (TTP) and blowing up schools with improvised explosive devices.

A division bench comprising Chief Justice Waqar Ahmad Seth and Justice Musarrat Hilali set aside the 40 years conviction of Ihsanullah alias Selay, resident of Dag Tamanzai, Pindyali tehsil in Mohmand district, on the ground that the assistant political agent Lower Mohmand, called assistant commissioner after Fata’s merger with Khyber Pakhtunkhwa, has no judicial powers to announce the conviction after 25th Constitutional Amendment as the court had declared the Interim Governance Regulation 2018 void at the time of conviction.

The bench remanded the case to the district and sessions judge Mohmand for a fresh trial within two months. It ruled that the petitioner can file application for bail petition in the competent court of law.

During hearing of the appeal against the conviction, Mian Afrasiab Gul Kakakhel, counsel for the appellant, submitted before the bench that the convict Ihsanullah was first picked up by the law-enforcement agencies in 2013 and handed over to the administration of Mohmand tribal district by declaring him as ‘black’ (hardcore terrorist) for sentencing him under the law.The lawyer said the assistant commissioner sentenced the appellant to 40 years imprisonment for being an active member of TTP Mohmand district unit and blowing up government buildings including schools by planting improvised explosive devices.

The lawyer argued that there is no evidence against the appellant. Besides, he argued that the assistant commissioner has no judicial powers to award conviction after the 25th Constitutional Amendment and abolition of FCR and Interim Governance Regulation 2018.

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