LHC suspends conviction of five attackers on Gujrat army camp
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RAWALPINDI: The Lahore High Court's (LHC) Rawalpindi bench on Monday stayed the convictions of five prisoners who were handed the death penalty for involvement in an attack on an army camp in Gujrat in 2012.
The stay came over a petition filed by the counsel of one of the convicted men.
Justice Arshad Mahmood Tabassum of the LHC heard the petition filed by Advocate Laiq Khan Swati, who told the court that his client Ahsan Azim was not provided with any information pertaining to the case including the charge sheet as well as the summary of evidence and trial proceedings despite requests submitted earlier.
He added that his client's family members were suddenly told to hold a last meeting with the Azim as he was going to be hanged soon.
Ahsan Azim, hailing from Wah Cantt, is currently held at the Kot Lakhpat jail in Lahore.
Kamran, Umar Nadeem, Ahsan Azim, Amir Yousuf and Asif Idrees were handed down death sentences by a military court for their involvement in an attack on an army camp in Gujrat in 2012. The attack had claimed the lives of at least seven security personnel.
Earlier on Friday, two former military men were executed in the Faisalabad district jail.
Read: Militant siege of Peshawar school ends, 141 killed
Usman, a former soldier of the military's medical corps, was executed in relation to an attack on the headquarters of the Pakistan Army in 2009 in Rawalpindi. Moreover, Arshad Mehmood, who was a trooper and also hanged, was among the five people convicted for their role in an Al Qaeda-inspired assassination attempt on Musharraf’s life in late 2003.
The hangings on Friday were the first death sentences carried out after the government ended a six-year moratorium on executions, a move that appears to have come in response to the Peshawar tragedy that claimed the lives of over 140 people, most of them children.
Also read: Army chief signs death warrants of six terrorists
On Sunday, four more convicts were executed at a district jail in Faisalabad.
In response, Taliban groups released messages vowing revenge for the deaths of their associates. Security has been tightened in and around jails and all major cities of the country have been put on high security alert to avoid any untoward incident.
SHC suspends execution of two death row prisoners
The Sindh High Court (SHC) suspended the convictions of two death row prisoners, for a week, who were handed the death penalty for killing Dr Ali Raza in 2002.
The convicts were not associated with any outlawed militant outfit but were found by an anti-terrorism court to carry out the targeted killing on sectarian grounds. They were delivered death sentences.
Despite appealing against the verdict of the ATC in the SHC and the Supreme Court, their pleas were rejected.
The convicts have now filed a petition in SHC, saying that they had registered a review appeal with the Supreme Court which was yet to be heard.
Both the convicts were scheduled to be executed on Tuesday (tomorrow).
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On DawnNews
Comments (73) Closed
Dec 22, 2014 11:43am
Military courts gave the verdict. Stop finding excuses and hang these terrorists immediately.
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Dec 22, 2014 11:48am
thank you highcourt.This is only thing which we could expect from our court.
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Dec 22, 2014 11:48am
They were convicted by military court as military men. Why is the LHC interfering?
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Dec 22, 2014 11:53am
shame on our courts ,,,
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Dec 22, 2014 11:54am
These judges who have suspended the death sentence might be TTP apologists themselves.
Pakistan army should keep a close eye on them.
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Dec 22, 2014 12:03pm
Great.Back to square one.
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Dec 22, 2014 12:06pm
Just when you thought no one would interfere
Utterly disgusting!
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Dec 22, 2014 12:06pm
Our judiciary is partially responsible for this mess. It has acquitted thousands of terrorists in recent years and those who were convicted were either runaway in Jail break or their cases are being lingered on for years.
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Dec 22, 2014 12:12pm
judges should guard the national interests and rights of those who suffered at the hands of terrorists. Without support of courts it will be impossible for the government to undertake speedy actions needed to curb terrorism from the country.
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Dec 22, 2014 12:16pm
this will badly hurt the morale of the nation
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Dec 22, 2014 12:21pm
@Paggri sanbhaal Execution of prisoners won't stop militancy and terrorism in the country. Capturing them and destroying their breeding ground will. We need to reform these people, they are victims of our nations carelessness, just like the children that beg on our streets everyday while we go off eat McDonald and what not.
Executions will only sate the blood-lust of the nation momentarily. And it would bring us down the the mind set of the militant who was killing for revenge and other mindless philosophy.
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Dec 22, 2014 12:31pm
There judges should be removed. Many of the terrorists released by courts are back fighting and killing innocent people.
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Dec 22, 2014 12:31pm
This is why Musharraf went after the judiciary. Read his statement from 2007 where he says the government is arresting terrorists but the courts keep releasing them.
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Dec 22, 2014 12:33pm
Zero Tolerance is now Zero Plus One tolerance. "We were going to hang them, but wait what about their human rights". Then it would be Zero Plus Two Tolerance policy as in " What about their constitutional rights as citizens of Pakistan". Then UNHR, then EU then .... So on and so forth... It is sad how soon the govt has started to show cracks in its resolve to "eliminate" terrorism.
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Dec 22, 2014 12:34pm
I knew they do not have the guts.
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Dec 22, 2014 12:40pm
@Hassan. Without punishment you can not stop the crime. After all everyone is a human being and there reside a Nafs inside it, whatever you teach it *the good manners* or educate it, at some point it can go wrong, it is its nature, thats why at some point it has to stop by defining boundaries.
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Dec 22, 2014 12:43pm
so at the end of the day our courts are here to protect these militant rights...........if law was prevalent in our country these militants were hanged by now and never dared to killed innocent civilians
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Dec 22, 2014 12:47pm
@Hassan you really think that these taleban can ever be law abiding citizens those whose hands are soaked with the blood of innocent kids and without any repentance would you preach them peace
Its diseased beyond treatment and its malignant as well as invasive the sooner we are able to save the rest of the body the better
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Dec 22, 2014 12:55pm
Here we go, the old judicial drama. Why the lawyer or liar suddenly woke up, where was he in the last several years.
What would be the ruling if the attack would be LHC or Justice family?
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Dec 22, 2014 12:55pm
@Hassan Punishment is the basic and first step if one wants to destroy their breeding ground.
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Dec 22, 2014 12:56pm
@Hassan, Nobody can reform these criminals. They play with guns and be treated with the guns.
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Dec 22, 2014 12:56pm
After all AMT is a human and do not want want to be a hero like Punjab Governor. Gangsters are stronger than we think!
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Dec 22, 2014 12:58pm
Why and on whose orders!!! This is a big step backwards from cleansing Pakistan of terrorists. We demand an explanation.
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Dec 22, 2014 12:59pm
Lesson: Take no prisoners
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Dec 22, 2014 01:00pm
http://www.dawn.com/news/1152145/not-on-their-watch
This piece written yesterday answer;s all the questions that come to mind.
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Dec 22, 2014 01:34pm
@nehans Our courts are here to protect the rights of citizens. It is very clear that the military courts made their decisions without allowing these suspects the opportunity to adequately prove their innocence. Crime must be proven before punishment.
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Dec 22, 2014 01:39pm
...and these same judges will retire with fat pensions and perks.......DISGRACEFUL.
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Dec 22, 2014 01:43pm
@Hassan Going by your logics we should not punish the murderers, rapists, thieves, corrupt as punishment cannot ensure the elimination!!
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Dec 22, 2014 01:48pm
The accused has the right to know of the charges and evidence against him. Kudos to LHC, the only sane voice here.
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Dec 22, 2014 01:54pm
when others are criticizing the hangings, last thing you need is a questionable trial and a process which did not follow properprocedures according to law. This is suspended so after process it will ok to proceed.
Govt need to make sure that every case follow proper procedures and fair trial according to the law. Or change the law if you want to skip some process.
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Dec 22, 2014 01:59pm
It should be investigated by UN why Pakistani courts always suspend such punishments. No hope from government.
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Dec 22, 2014 02:02pm
What kind of a decision was taken by military court when the accused is not even told about the charges. This is a dangerous precedent being set. Those who are criticizing the courts decision, what if tomorrow you are accused and not even given a chance to defend. The accused could be innocent !
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Dec 22, 2014 02:11pm
The decision of the Court to grant a stay of execution be taken as sending mixed signals that Court is not on the same page as the army. The Court may come under attack by those who lost their loved ones and that too school going children, its action to grant stay may be a real threat to democracy especially as an elected President has refused a plea for mercy. As it is the Lahore Court responsible for the decision, one is lead to believe that Government may have a hand in the latest saga unless the Court is prepared to give a reasoned judgment in granting a stay.
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Dec 22, 2014 02:11pm
Lawyers are corrupt. no one believe on them. trails must be fair.
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Dec 22, 2014 02:32pm
Our high courts have provided us with the greatest injustices.
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Dec 22, 2014 02:33pm
@confused .......so courts are not alone they are confused people also favoring this unlawful attitude
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Dec 22, 2014 02:33pm
Sorry to hear that our courts are protecting criminal minded like talibans. Really heart broken
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Dec 22, 2014 02:42pm
That is fine. Courts are still there to check that no innocent goes to the gallows. Of course, the guilty should be punished to the maximum. Due course of law should always be followed in order to punish someone. The civil judges were not born yesterday and they are in many cases more competent than the military judges.
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Dec 22, 2014 02:52pm
And so it begins. The underhanded saving efforts of these criminal and terrorist elements by our rulers. It will all be soon under control. Just like the 37 cases the lal masjid cleric got off on through courts and the rest through Govt quashing charges.
Pathetic use of courts... which is the norm in our land.
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Dec 22, 2014 02:54pm
if army can not stop the influx of jihadists in its own ranks, how can it fight it....
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Dec 22, 2014 02:58pm
Stop Fixing the Symptoms...Find the Root Cause Instead
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Dec 22, 2014 03:03pm
Cowards just finding excuses.
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Dec 22, 2014 03:30pm
Shame on courts
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Dec 22, 2014 03:46pm
@Kamal Pasha
It is the state which in first place created this mindset. Should not the state be reformed first.
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Dec 22, 2014 04:04pm
@Confused You really are confused. However you cant confuse the rest with your comments. This nation now knows exactly what needs to be done
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Dec 22, 2014 04:07pm
I expected no good from this government or the courts.
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Dec 22, 2014 04:16pm
The civil courts need to be revamped. They are structured for not giving Justice, but for prolonging cases to eternity.
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Dec 22, 2014 04:21pm
Militancy is not an stand alone operative in Pakistan. They are supported with logistics, legal services, political cuckoo, pushing of media buttons to create confusions, and the international business tycoons who operate and finance CIA. One can easily expect from the Institutes of Pakistan in covert/silent support to insurgency. And those elements here are in race to build business empires as compensation from their principals
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Dec 22, 2014 04:27pm
Crush all these terrorists! Pak Army must takeover! No more excuses.
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Dec 22, 2014 04:35pm
Why so much conflicts between legal agencies and military ruling? This gives very bad impression about the government. There should't be any conflict when dealing with a terrorist. After the mercy petition is rejected, there shouldn't be any flip-flop. Court has no business.
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Dec 22, 2014 04:43pm
The Pakistani government is a weak government and hence, can't take strong action against terrorists. Military however have shown some commitment after the attack on children. The judges are worried about their life because the government can't protect them. In such pathetic situation what judgement you can expect from court? Now only the young educated people of Pakistan can change the situation. Young Pakistanis need to take the charge.
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Dec 22, 2014 05:18pm
@Hassan
Even if hangings wouldn't end terrorism , it would send a strong deterrent . It would Instill fear in perpetuators and fear is the strongest deterrent. I would favor hangings being direct telecasted for even stronger deterrence. Local Courts need not meddle with Military court decisions.
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Dec 22, 2014 05:22pm
army should hunt down these protectors of terrorists in high places.
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Dec 22, 2014 05:27pm
There should be state of emergency in the country. We are at war, terrorist should be killed the way they kill our children. High Courts, Supreme Court will only delay the process of justice as they have done since 1947.
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Dec 22, 2014 06:01pm
shame on LHC
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Dec 22, 2014 06:11pm
The whole thing is part of the game. In any case justice must be served instead of hasty hangings. We don't want blood of innocent people in revenge. All we want is justice and speedy justice.
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Dec 22, 2014 06:52pm
We should also seek the terrorists who are behind the unsolved murders such as the murder of Hakeem Mohammand Saeed, Editor or Takbeen Salah Uddin, etc.
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Dec 22, 2014 07:14pm
@Zeeshan : So disappointing.
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Dec 22, 2014 07:38pm
Justice delayed is justice denied ....
Same old delaying tactics and excuses to let those with "links, money and shefaarish" off the hook ...
Corrupt system doing its rounds ...
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Dec 22, 2014 07:45pm
@Shehryar - excellent view point. Everyone should note the seriousness of flawed and partisan Judgement from Military courts. These courts are answerable to the culprits and show them the charges and evidences to prove that he is guilty and is being punished for his crime. Otherwise, it becomes an extra-judicial killing without any accountability to the citizens and nation. Dangerous precedent.
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Dec 22, 2014 07:52pm
Army arrests the hard core killer terrorists - and the courts are too afraid to sentence them. THIS IS WHY WE NEED MILITARY COURTS WHICH CAN DO THE JOB!!
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Dec 22, 2014 07:55pm
No harm quickly hear their objection/appeal and give decision.
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Dec 22, 2014 08:15pm
@Confused confusion still prevails
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Dec 22, 2014 08:33pm
Now again courts are giving cover to terrorists. Same was the case with ch iftekhar
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Dec 22, 2014 08:42pm
The judiciary needs to get its act together and follow govt orders.
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Dec 22, 2014 08:58pm
For heaven sake You are the custodian of law.
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Dec 22, 2014 10:16pm
This is unacceptable, democracy, Human and legal Rights cannot be pursued at the cost of the nation, current circumstances demand extra vigil and Judiciary must pursue nation interest and safety of citizens as its prime objective overlooking any existing lacuna in the system for the betterment of the whole nation.
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Dec 23, 2014 12:06am
This is disgraceful
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Dec 23, 2014 01:48am
These convicts should be eager to embrace death so that they can go where they wanted to go so desperately. Why these delay tactics?
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Dec 23, 2014 02:51am
As expected!
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Dec 23, 2014 07:54am
Shame on our judicial system. Our judiciary can punish a pick pocket but a terrorist.
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Dec 23, 2014 01:00pm
No army court should be allowed to carry out any kind of trial of a civilian. This is illegal and clear violation of the constitution of the country. Those who are caught in direct one to one battle with the armed forces are also state prisoners. Their trials can be held by special courts so appointed by the high judiciary and the Government of Pakistan.
We all are deeply aggrieved at the Peshawar incident. My tears still flow when I even think about it. However, we must not let our social and judicial system fall apart. For speedy trials of terrorists caught, special courts must be established to pass sentence to those found guilty of carrying on terrorist activities. We must respect the courts of law. If all institutions are given the right to trial of the citizens of the country or the foreigners, then we will soon enter the age of anarchy. Therefore, let us not let down the law of the land at all costs. It is our duty to back the law enforcers, our protectors and the judicial system.
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Dec 23, 2014 09:19pm
you want to protect human rights on the cost of human lives.
You don't punish them today and they will punish you tomorrow.
Questions are harder than answers, who is going to question and who is going to answer
Wake up and fight because no one can fight your battle.
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