ISLAMABAD: The Islam­abad High Court was informed on Thursday that the sentencing to death of a convict in connection with the April 2012 Bannu jailbreak had been challenged in a military court of appeal.

This was stated by Raja Khalid Mehmood Khan, standing counsel for the federal government, during the hearing of a petition seeking a copy of the trial proceedings of Khyber Pakhtunkhwa’s military court which had sentenced Tahir Khan, a resident of Bannu, to death.

After hearing the petition filed by Mir Shah Khan, father of the convict, Justice Noorul Haq N. Qureshi of the IHC issued a stay order against the execution till the filing of a detailed report regarding the whereabouts of Tahir because the father was claiming that his son had been missing for a year.

Know more: Jailbreak convict’s father challenges military court verdict

Raja Khalid informed the court that the appeal against the conviction filed in the military court of appeal was pending for adjudication. He said the father or any blood relative of Tahir could meet him at the detention centre after meeting the requirements.

As per official record, Tahir was involved in attacking/breaking the Bannu jail during which a number of terrorists managed to escape. He was also accused of having been involved in attacks on law-enforcement personnel in which one soldier was killed and another injured.

He confessed to the offence before a magistrate and trial court. He was tried on three charges and sentenced to death.

In April 2012, more than 200 heavily armed Taliban militants had attacked the central jail in Bannu. Among those freed by the attackers was Adnan Rashid, a former junior technician of the Pakistan Air Force allegedly involved in plotting the murder of former military ruler Gen Pervez Musharraf.

Justice Noorul Haq directed the standing counsel to submit the record and other details about Tahir Khan as early as possible so that the court could decide the matter.

When Raja Khalid sought 15 days for filing the record, the court at the request of Babar Awan, the counsel for the petitioner, directed the authorities concerned to stop the execution till further orders.

The court adjourned the hearing to Oct 5, but when the standing counsel, after a brief interval, provided some information, Justice Noorul Haq directed the registrar office to fix the matter on Sept 18 (today).

Babar Awan informed the court that despite a lapse of one week, the federal government had failed to submit any document relating to the conviction or whereabouts of Tahir.

Raja Khalid said he had contacted the interior ministry, Punjab Rangers, Federal Investigation Agency and senior superintendent of police but could not get any information about Tahir.

But Justice Noorul Haq said: “How could you get the information when you did not contact the relevant authorities. How much time do you need to furnish the record?”

Raja Khalid requested the court to adjourn the matter at least for a fortnight so that he could submit a comprehensive report.

Babar Awan suggested that the federal government might be given as much time as it required to collect details, but in the meanwhile they must assure the court that the convict would not be executed till disposal of the petition.

The standing counsel said he needed to seek instructions from the government for the assurance.

Justice Noorul Haq then dictated the order and stayed the execution. He observed that had the government submitted the relevant information, the court would have issued an appropriate order on the petition.

When the counsel informed the court about the response he had received from the interior ministry about the convict, the court put off the hearing to Friday and directed him to submit a written report.

On Sept 2, the Inter-Services Public Relations announced that Army Chief General Raheel Sharif had approved the death sentence of five ‘hardcore terrorists’. Tahir was one of them.

Mir Shah Khan, a labourer in the fruit and vegetable market, claimed in the petition that the military officials had tried his son without providing him an opportunity of defence. He said the military authorities had not allowed him to meet his son which was a violation of fundamental rights.

He claimed that Tahir had been abducted in February last year by some unknown persons and the matter was also reported to the Bannu police, but to no avail.

Published in Dawn, September 18th, 2015

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