Acquittal of 70 terror suspects: Supreme Court bench refers defence ministry’s plea to CJP

ISLAMABAD: The Supreme Court (SC) on Monday referred to the Chief Justice of Pakistan an appeal of the Defence Ministry against the Peshawar High Court (PHC) verdict acquitting 70 individuals, convicted by the military courts.

A two-member bench of the apex court comprising Justice Mushir Alam and Justice Mazhar Alam Khan Miankhel adjourned the hearing of an appeal filed by the Ministry of Defence against the PHC verdict due to non-completion of the bench.

The court referred the matter to Chief Justice of Pakistan Justice Gulzar Ahmed for fixing the case before a three-member bench.

On November 2, 2018, the apex court restrained the jail authorities from releasing 70 terror suspects, convicted by military courts involved in different terrorist activities in the country.

A two-member bench of the apex court headed by Justice Sheikh Azmat Saeed had heard appeals of the defence ministry against the PHC verdict, acquitting all the 68 terror suspects convicted by military courts, due to lack of evidence.

The court while setting aside the PHC verdict had restrained the jail superintendent from releasing the 70 terror suspects.

The PHC had overturned the death sentence of around 70 people convicted by the military courts on terrorism charges and declared that all these were cases of no evidence and based on malice of facts and law.

In the 173-page judgment authored by PHC Chief Justice Waqar Ahmad Seth, the high court directed the government and law enforcement agencies to set free all the convicts from internment centres if not required in any other case. The second judge in the bench was Justice Lal Jan Khattak.

A perusal of the record produced in the high court showed that around 70 convicts were awarded death sentence for being active members of the outlawed Tehrik-i-Taliban Pakistan (TTP) from Swat, South Waziristan and North Waziristan. As per the record of the military courts mentioned in the judgment, the convicts were awarded death sentence on the basis of their confessional statements before the magistrate for carrying out attacks on the security forces, police, civilians and Imambargahs. Many also confessed to participating in attacks in Afghanistan. All these attacks caused killing of personnel of the security forces and the police as well as civilians.

According to the case, the military courts had awarded death sentences as well as other punishments to the accused in different cases. The PHC, however, had freed the accused on lack of evidence, which was later challenged by the Ministry of Defence in the Supreme Court.

On Monday, counsel for the accused persons submitted before the court that the apex court had never suspended the acquittal order adding that it was for the first time in the judicial history an acquittal order of an accused has been suspended. He contended that despite of acquittal order, the accused persons have been imprisoned.

The counsel further contended that even the apex court cannot suspend an acquittal order unheard adding that the appeal of Ministry of Defence was not even maintainable. Justice Mushir Alam observed that three-member bench was not available while the matter cannot be heard by a two-member bench.

During the course of hearing, Laiq Swati, counsel for other accused informed the court that for the past one and a half years, the accused persons were imprisoned. The court, however, not agreed to the stance of the counsel. Justice Mushir Alam asked the counsel to make his speech outside the court. Laiq Swati, however, contended that the court’s order, suspending the acquittal verdict is not less than a speech.

Meanwhile, the court adjourned the hearing for next week after referring the matter to Chief Justice of Pakistan for fixing it to a three-member bench of the apex court.