PHC stays execution of 10 convicted by military courts

PESHAWAR: The Peshawar High Court (PHC) has stayed execution of 10 convicts and suspended their death sentence awarded by the military courts for their alleged involvement in attacks on the security forces in which several soldiers had been martyred.

A division bench of the Peshawar High Court headed by Chief Justice Waqar Ahmad Seth suspended the death sentence of the convicts and restrained their execution till decision in their cases. All these convicts are the residents of Swat district.

The bench suspended the death sentence of 10 convicts including Khaista Muhammad, Rasool Muhammad, Nasir, Bakhtiar, Sher Rehman, Izzat Khan, Shireen Badshah, Syed Usman, Shizanullah and Fazal Maula.

The bench issued notice to Ministry of Defence to submit record of the military courts before the next hearing regarding conviction of the convicts. The families of the convicts had already been informed by the concerned police stations for arranging their last meeting with them at the Internment Centre in Kohat after issuance of the black warrant for their execution.

As per the Inter-Services Public Relations (ISPR), the convict Khaista Muhammad was an active member of Tehreek--i-Taliban Pakistan (TTP). "He was involved in attacking armed forces of Pakistan, which resulted in death of Havaldar Muhammad Maqsood, Sepoy Rashid Ali, Sepoy Muhammad Waseem and injuries to a soldier. He was also involved in destruction of the Government Girls Primary School Zangi and a PTCL Tower," the ISPR claimed It added that the convict was found in possession of explosives and admitted his offences before the magistrate and the trial court and was awarded death sentence.

However, Arif Jan, counsel for the convict Khaista Muhamamd, submitted that he had surrendered to the security forces in 2009 in Charbagh area of Swat district and then went missing. Later, he recalled that the family members met him in the internment centre at Fizza Ghat in Mingora. He said the petitioner Abdul Jalil, father of the convict, had now been informed by the local police to meet the convict before his execution.

In the case of Rasool Muhammad, the ISPR claimed that the convict was involved in attacks on law-enforcing agencies (LEAs) and armed forces and it resulted in the death of four soldiers. It said the convict also abetted other terrorists in killing a civilian Said Raheem as well as Assistant Sub-Inspector Irshad Ali, Head Constable Sarwar Ali Khan and Head Constable Sher Ahmed of the police.

The lawyer submitted that the petitioner Shamim, mother of the convict Rasool Muhammad, claimed that the security forces had picked him along with his brother Asghar Khan in 2008. He submitted that the family received Asghar Khan's body in 2017. A few days ago, he stated that the petitioner received information through the police to hold the last meeting with her second son Rasool Muhammad before his execution.

In the case of another convict, Nasir, his wife Khursheed Begum claimed that he surrendered to Col Manzoor and Major Umar of the 24 Baloch Regiment in 2009, and then went missing. The lawyer said that the petitioner in 2016 met her husband at an internment centre, but has now been informed by the police to hold the last meeting with him before his execution.

In the case of Bakhtiar, his brother Hakeem Zada claimed in the petition that the security forces picked him in 2011 and since then he has gone missing. He said that the family members were informed by the concerned local police station to hold the last meeting with the convict Bakhtiar before his execution.

However, the lawyer informed the court that Syed Luqman, brother of the convict Bakhtiar, claimed that he had surrendered to the forces. He said the convict was missing and now the petitioner was informed by the police to visit the internment centre and hold last meeting with him before his execution.

Alam Sher, brother of the convict Sher Rehman, also claimed in the petition that his brother had surrendered to the security forces in 2009, but now his family was informed by the police to hold the last meeting with him before his execution at the internment centre in Kohat.

Another lady Jehan Sihat claimed in the revision petition against the military court decision that her husband Fazal Maula was picked by the security forces in 2010 and since he was untraceable. She stated that she was informed by the police to hold the last meeting with him before his execution.

Husan Bano, wife of the convict Shireen Badshah, claimed that he had surrendered to Col Manzoor and Major Umar in 2009. "Now I was informed by the police to meet him before his execution," she added.

Another woman, Nargis Bano claimed in her petition before the court that her husband Izzat Khan was picked by the security forces in 2013. She added that her family had now received a message to meet him at internment centre before his hanging after confirmation of his death penalty by the chief of army staff.

In all the cases, the lawyer argued that fair trial was not conducted. He requested the court to suspend the conviction and seek record of the cases to check whether the convictions were on mere allegations or there were solid proof against them regarding their involvement in acts of terrorism.