PESHAWAR: The Peshawar High Court on Wednesday upheld the convictions and death sentences awarded to two militants including a ‘juvenile’ by the military courts after conducting in-camera hearing into their cases.

Official sources told Dawn that a bench comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar dismissed two petitions filed by mothers of the convicts including Haider Ali and Qari Zahir Gul against their children’s conviction by military courts for involvement in acts of terrorism.

Lawyer for the petitioners Malik Ajmal Khan confirmed to the media that the bench had dismissed both the petitions.

He said after detailed judgments were issued, it would be clear whether the petitions were dismissed on the ground of being non-maintainable or they’re decided on merit.

The court had earlier stayed the execution of both the convicts and with the dismissal of these petitions they said stay order also stood vacated.

The ISPR, the media wing of Pakistan Army, had on Apr 2 announced that the army chief had confirmed convictions and sentences of death awarded to six terrorists.

Death penalty to two terrorists was challenged by their mothers

It had neither mentioned when the military court had convicted them nor given specific charges against them. The general allegations against them were their involvement in committing heinous offences relating to terrorism, slaughtering of men, suicide bombing, abduction for ransom, and colossal damage to life and property.

The six convicts were identified as Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir.

The said military courts have been established after the passage of 21st Amendment to the Constitution and subsequent amendments to the Army Act.

The said amendments were challenged before the Supreme Court, which dismissed all petitions against them on Aug 5.

Until now, the charges against the two convicts have not been made public and therefore, the entire trial and subsequent proceedings shroud in secrecy.

Following the passage of the said amendments, the military courts have so far sentenced to death 27 militants.

Additional attorney general Syed Attique Shah had represented the state in the cases.

Initially, when the court had yet to start in-camera proceedings, he had contended that after the Supreme Court’s judgment of upholding the Constitution’s 21st Amendment Act, the petitions were not maintainable.

One of the petitions was filed by convict Haider Ali’s mother Bacha Laiqa, who said her son was a 10th grade student at Malakand High School, Sersenai, Kabal Tehsil in Swat when he was handed over to the security forces by his family on Sept 21, 2009.

She added that his son’s date of birth was Dec 1, 1994, and was below 15 when the army officials had conveyed a message to them to hand him over to them.

The petitioner claimed that Haider Ali had appeared in ninth grade board examination under Roll No. 13170 and had obtained ‘A’ grade by getting 388 out of 525 marks.

She added that he was a regular student and his attendance sheet was also attached with the petition.

The petitioner said her son was kept incommunicado for many years and finally the family came to know few months ago through media reports that six persons were convicted by military courts including Haider Ali.

The second petition was filed by Anwer Bibi, mother of Qari Zahir Gul, a resident of Bajaur Agency.

She claimed that her son was an internally displaced person and was a prayer leader at Jalozai Camp.

The petitioner claimed that Qari Zahir was taken into custody by the security forces in 2011 and later on they came to know that he was kept at an internment centre in Khar area of Bajaur Agency.

Last year, brother of the convict Wahid Gul had filed a petition in the high court seeking permission to meet his brother, who was not convicted at that time.

That petition was pending decision when Qari Zahir was convicted by the military court.

Both the petitioners had requested the high court that on acceptance of their respective petitions, the proceedings of the military court, if any, on the basis of which the detainees had been convicted and sentenced to death might be declared void, illegal and without lawful authority.

Published in Dawn, October 15th , 2015

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