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September 20, 2019

PHC sets aside 10 years conviction handed for terror financing


September 20, 2019

PESHAWAR: The Peshawar High Court (PHC) on Thursday set aside the 10 years conviction of a person on terrorism charges awarded to him in the alleged crime of his brother under the abolished Frontier Crimes Regulations (FCR).

A division bench comprising Justice Ikramullah Khan and Justice Ishtiaq Ibrahim acquitted the terror convict, Imran, of the terrorism charges.

He was arrested by the law-enforcement agencies on October 10, 2015, on the charges of terror financing and having links with militants. The political agent had awarded him 10 years imprisonment.

However, the court expressed surprise after knowing that he had been arrested and then convicted for the alleged crime of his brother.

Shaiber Khan, the counsel for the convict, submitted before the bench that as per the case record the brother of the convict was wanted to the law-enforcement agencies for his alleged links with militants, but the forces picked up the appellant and charged him with terror financing.

The lawyer submitted that he was then handed over to the political agent for a trial under FCR. He was awarded a sentence contrary to the findings of the official jirga under the abolished FCR system as the jirga had declared him innocent.

He requested the court to acquit the appellant of the terror charges as he had been tried for the crime of his brother.

Additional Advocate General Rabnawaz requested the court to remand the case to the district police offer concerned for further inquiry under the new law as FCR had been abolished.

On this, Justice Ikramullah questioned the arrest and conviction to a brother for the charges of the brother.

He observed that the illegal business of hundi was also not proved against the convict as no fake currency had been recovered from him. Justice Ishtiaq Ibrahim observed that under the law of the land every person is responsible for own acts and crime as it was a grave injustice to try a person for the crime of others.

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