LHC stays hanging of three convicts in Musharraf attack case?

RAWALPINDI: Justice Qazi Amin Ahmed of the Lahore High Court (LHC), Rawalpindi Bench, on Friday stayed the execution of death sentence of three who were convicted by a Pakistan Air Force (PAF) Tribunal for attacking former president Gen (retd) Pervez Musharraf at the Jhanda Chichi bridge.
The LHC Bench stayed the execution of death sentence of Khalid Mehmood, a former technician of PAF, Nawazish Ali, an employee of PAF, Mushtaq Ahmed, a civilian and issued notices to the Federation of Pakistan while directing the deputy attorney general to appear before the court on the next date of hearing on January 12. The convicts were to be hanged by the authorities on Friday night at the Adiala Jail.
Sajid Mehmood, the brother of one of the convicts, Khalid Mehmood, filed the petition with the LHC. Legal counsel for the petitioner Col (retd) Inamul Rahim, while talking to this correspondent, said that the LHC bench had not mentioned in the order that the execution was stayed, but the bench still issued notices to the respondents. It is an understood fact that the jail superintendent, before issuing the death warrants, has to make clear that there were no legal proceedings pending against the convicts.
The three convicts were awarded death sentence by a PAF Tribunal in 2004. Their counsel told the court that the tribunal awarded death sentences to these accused and later Air Marshal Shahid Lateef, who was heading the ‘PAF court of appeals, also dismissed their appeals by only ticking a portion of a blank paper where it was mentioned ‘appeal rejected’. The counsel further told the court that the convicts were never provided with the copies of military court proceedings, and they were also not provided with any documents during the hearing of their appeals.
As per details in this case, petitioner Sajid Mehmood, a resident of Tehsil Talagang, Chakwal, has cited the Federation of Pakistan through secretary, Ministry of Defence, president, Air Force Court of Appeals, and judge advocate general (JAG) as respondents.
The petitioner told the court that his brother Khalid Mehmood had been serving the PAF and was implicated in a false case of attempting to assassinate former president General (retd) Pervez Musharraf.
That the PAF Tribunal conducted the trial of his brother Khalid Mehmood, along with a PAF technician Nawazish Ali and a civilian Mushtaq Ahmed and the three were awarded death sentences. That the Air Force Tribunal did not even allow the civilian accused Mushtaq to engage a counsel of his choice.
The petitioner’s counsel argued before the court that it was a clear case of attempt to murder but to award the death sentence, they were illegally tried under the charges of sedition. That till date the brother of the petitioner was not given the trial proceedings. After the award of death sentence, it was confirmed by the PAF higher authorities and thereafter without trial proceedings/grounds of appeal they had to go to the court of appeals established by the air chief.
That, without trial proceedings, the brother of petitioner, along with other accused persons, approached the Air Force Court of Appeals, which rejected the appeal and till date no judgment of the Court of Appeals was provided to them.
That as per the PAF Act, civilians could not be given death sentence. The PAF authorities changed the book with mala fide intentions and got published a new book and the clause relating to sentence of civilians was deleted without any authority and justification.
Quoting an instance, the petitioner in the case of one Rana Naveed, who was also awarded death sentence by a military court for attacking Musharraf, revealed before the apex court that the military court had awarded life imprisonment to the accused that was converted into a death sentence later on by the military court of appeals without allowing the accused to file an appeal and he was served no notice.
The petitioner adopted that this court should review the proceedings of the Air Force Court as well as proceedings of Air Force Court of Appeals to establish whether due process of law was adopted and whether a fair trial was conducted for the interest of ultimate justice. The petitioner contended that the trial proceeding is a public document and the proceeding of the court of appeals is also a public document not related to any operation matter. He contended that it was a simple case of attempt to murder, then under which authority and justification, its proceeding was denied.
That the Air Force court of appeals was headed by Air Marshal Shahid Latif, famous defence analyst on the media. While adjudicating the appeal he, on a blank form, only put a tick mark on the column (b)—Reject the Appeal. That the entire process, right from the arrest to the trial and award of death sentence, has been conducted in violation of the Air Force Act as well as Article 10-A of the Constitution of the Islamic Republic of Pakistan, 1973.
The petitioner prayed to the LHC that the respondents may be directed to place before the court the trial proceedings of the PAF Tribunal as well as the court of appeals and after scanning the evidence, full justice may be granted. The petitioner further prayed that the execution of death sentence may please be suspended till the decision of the instant writ petition.