PHC stays execution of another terror convict

PESHAWAR: The Peshawar High Court (PHC) on Tuesday stayed the execution of an alleged terrorist who had been awarded death sentence by a military court for his alleged involvement in attacks that resulted in the death of soldiers and injuries to police officials.

A two-member bench comprising PHC Chief Justice Mazhar Alam Miankhel and Justice Ikramullah Khan suspended the death sentence. The court issued a notice to the federal government to submit record of the case before the next hearing.

It was the third death sentence handed down by the military courts that was stayed by the Peshawar High Court during the last two weeks.The court also sought record of the cases to find out whether the death sentences were awarded as per the law or not.

During hearing of the judicial review petition, Barrister Amirullah Chamkani submitted that the petitioner Gulzar Alam claimed his convicted brother Muhammad Umar was picked up by the law-enforcing agencies from Mansehra on August 10, 2014. He said the 24-year old Muhammad Umar had been missing since 2014.

He added that he and his relatives came to know through media reports that his brother Muhammad Umar had been awarded death sentence by a military court and the army chief had confirmed it on May 3, 2016.

The lawyer stated that in its detailed judgment the Supreme Court, which had upheld the creation of military courts, had ruled that the judgments of the military courts were subject to judicial review on two grounds, i.e. jurisdictional error and malafide of the law.

He submitted that no right of defence was given to the convicted person during trial. Arguing that it was not a fair trial and was against Article 10-A of the Constitution, he requested the court to suspend the death sentence and summon the record to enable the court to reach a conclusion whether jurisdictional error and malafide of the law existed in the case or not.

As per the ISPR statement, Muhammad Umar, resident of Battagram, was an active member of Tehrik-i-Taliban Pakistan (TTP). “He was involved in attacking armed forces and other law-enforcement agencies’ personnel and fabrication of explosives. He admitted his offences before the magistrate and the trial court. He was tried on three charges and awarded death sentence,” the ISPR stated.

However, the PHC has stayed death sentences of the two alleged terrorists out of 11 death sentences confirmed by Chief of Army Staff General Raheel Sharif on May 3, 2016.

The ISPR claimed that the 11 were found to be hardcore terrorists and involved in committing heinous offences, including killing and kidnapping civilians, attacking security personnel and destroying schools and communication infrastructure.

On May 18, the PHC stayed execution of an alleged terrorist Rizwanullah hailing from Shangla district. He had been awarded death sentence by a military court.

The petitioner’s lawyer Muhammad Arif Jan submitted that the convict was handed over to the Pakistan Army by local elders in 2009 as he was required for interrogation. He added that Rizwanullah went missing and it was revealed later that he had been shifted to Internment Centre Paitham in Swat district in 2014.

An ISPR statement released on May 3, 2016 stated that Rizwanullah was a member of the outlawed TTP. “He was involved in killing of a civilian, kidnapping a Wapda employee and attacking armed forces, which resulted in injuries to an officer and a soldier. He was also in possession of firearms and explosives. He confessed to his crimes before the magistrate in the trial court. He was tried on five charges and awarded death sentence,” the ISPR stated.