PHC issues notices to family members of convicts

PESHAWAR: The Peshawar High Court (PHC) on Tuesday issued notices to family members of the military courts’ convicts in a writ petition filed by the provincial government, seeking the formation of a larger bench for 170 review petitions against the death sentences on terrorism charges.

The PHC had already stayed the execution of the convicts in the revision petitions against military courts’ decisions. A division bench headed by Chief Justice Waqar Ahmad Seth issued notices to petitioners (family members) of the convicts in a writ petition of the provincial government, seeking the formation of a larger bench for appeals against the military court decision. During the hearing of the revision petitions, Advocate General Shumail Ahmad Butt and Additional Attorney General Manzoor Khalil submitted before the bench that the high court had passed two judgements in the appeals against military court decisions as in one decision the appeals were dismissed and in the second judgement the appeals were allowed and set aside the convictions.

The law officers submitted before the bench that when two different decisions came in similar cases, then under the law a larger bench decide the fate of such cases once for all. They said both the high court decisions are pending in the Supreme Court.

After the provincial and federal governments this submission, the court asked the petitioners lawyers including Asad Daniyal Chamkani, Shabir Hussain Gigyani, Arif Jan, Barrister Ameerullah Chamkani and Irfan to take notice and submit replies on behalf of petitioners before November 5 next hearing in the cases. The PHC had stayed execution in the 170 cases of convicts of death sentence and their appeals are pending in the high court.