PESHAWAR: The Peshawar High Court (PHC) on Wednesday stayed the execution of four alleged terrorists who had been awarded death sentence by a military court on terrorism charges.
A two-member bench comprising Chief Justice Mazhar Alam Miankhel and Justice Lal Jan Khattak suspended the death sentence. It issued a notice to the federal government to submit record of the cases before the next hearing in the case.
The convicts were among the nine whose death sentences were confirmed by the chief of army staff on November 7.According to the ISPR, they were hardcore terrorists involved in heinous offences related to terrorism, including killing of innocent civilians, slaughtering of Levies officials and attacking armed forces.
The convicts - Zahid Khan, Umar Saeed, Rahmat and Bakht Wali - all residents of Khyber Agency were stated to be active members of the Mangal Bagh-led Lashkar-i-Islam and Tehrik-i-Taliban Pakistan (TTP), both banned militant organisations.
However, the petitioners’ lawyers claimed that the security forces had arrested the convicts some three years ago and their whereabouts weren’t known. Their relatives said they came to know through the media that the four had been awarded death sentence by a military court and the army chief had confirmed the sentences on November 7, 2016.
The lawyers stated that in its detailed judgment the Supreme Court, which had upheld the creation of military courts, ruled that the judgments of the military courts were subject to judicial review on two grounds i.e. jurisdictional error and mala fide of the law.
The lawyers said the convicts were not given a chance of defence in the case and thus their execution should be stopped till decision of the court in the cases.
