Military courts had convicted them on terror charges
PESHAWAR: The Peshawar High Court (PHC) on Tuesday stayed execution of three militants who had been awarded death sentence by military courts on terrorism charges.
A two-member bench comprising Justice Yahya Afridi and Justice Waqar Ahmad Seth suspended the death sentences awarded to Muhammad Tayyab, Muhammad Ayaz and Azizur Rehman. Their fathers had filed review petitions against the military courts’ verdict.
The court issued notice to the federal government through deputy attorney general Kifayatullah to submit record of the case before the next date of hearing on July 26.The three convicts were among the 12 hardcore terrorists whose death sentences were confirmed by the Chief of the Army Staff General Raheel Sharif on July 14.
As per the Inter-Services Public Relations (ISPR) statement, the convicts were involved in committing heinous offences related to terrorism, including killing of civilians, attacking personnel of the armed forces and law-enforcement agencies and destruction of schools and communication infrastructure.
Ghulam Mahiyuddin Malik, counsel for one of the accused Muhammad Tayyab, submitted before the bench that his client had been taken away by the security forces on October 30, 2014 from Abbottabad and his whereabouts since then weren’t known. He submitted that on July 15 his family members came to know through the newspapers that Muhammad Tayyab had been awarded death sentence by a military court on terrorism charges. The counsel argued that his client was innocent and the military court denied him a fair trial.
Muhammad Arif Jan, counsel for other two convicted persons Muhammad Ayaz and Azizur Rehman, both residents of Swat district, submitted that his clients had gone missing after the security forces picked them up in 2009 during identification at roadside checkpoints.
The counsel submitted that Muhammad Ayaz and Azizur Rehman were first shifted to Sangota Army checkpost and then to the internment centres in Lakki Marwat and Fizzagat in Swat. He said their parents had held the last meeting with them in March this year. He pointed out that the parents were hoping that their sons would be released. He said the parents came to know on July 15 that their sons had been awarded dead sentences by the military courts.
The parents, he said, had questioned the trial of their sons by the military court. They had requested the courts to suspend the sentence and review the record to see if the trial was conducted under the special law or not.
As per the ISPR statement, Muhammad Tayyab, son of Ameer Zada, was an active member of Tehrik-i-Taliban Pakistan (TTP). It said he was involved in attacking armed forces which led to the death of soldiers and civilians. “Muhammad Tayyab admitted his offences before the magistrate and the trial court. He was tried on three charges and awarded death sentence,” the ISPR said.
About Muhammad Ayaz, son of Muhammad Jan, the ISPR said he was an active member of TTP. “He was involved in attacking the armed forces which resulted in death of soldier. He was also in possession of explosives. The convict admitted his offences before a magistrate and the trial court. He was tried on two charges and awarded the death sentence,” ISPR said.
The ISPR said that Azizur Rehman, son of Abdul Jalal, was an active member of TTP. It said he was involved in attacking the law-enforcement agencies which resulted in death of a police constable.
The statement added that Azizur Rehman was involved in blowing up of shops and was also in possession of explosives. It claimed the convict had admitted his offences before the magistrate and the trial court. He was tried on three charges and awarded the death sentence.
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