PESHAWAR: The brother of a convicted militant moved Peshawar High Court on Tuesday against the sentence of death awarded to the convict by a military court.

Ajab Gul, a resident of Upper Dir, said in his petition that recently they came to know through print media that his brother, Taj Gul, had been sentenced to death by a military court and the chief of army staff had confirmed that sentence.

The petition is filed through Advocate Arif Jan. The petitioner stated that around five years ago, they were asked by the security forces to surrender his brother following which he was taken to the officer concerned by the elders of the area.

The petitioner said that subsequently Taj Gul was shifted to an internment centre at Pak-Austrian Institute of Tourism and Hotel Management in Swat where his family members used to visit him. He claimed that last time they had met Taj Gul in 2015 following which they had been denied visitation rights by the authorities concerned.

The petitioner claimed that few days ago they spotted in newspapers a news item regarding conviction of 13 persons including his brother.

The Inter-Services Public Relations (ISPR), media wing of Pakistan Army, had on March 15 made public the convictions of 13 persons including the present convict and the confirmation of their sentences by the chief of army staff.

“The convict was an active member of Tehreek-i-Taliban Pakistan. He was involved in attacking law enforcement agencies, which resulted in death of police constables and Levies persons. He was also in possession of firearms, ammunition and explosives,” ISPR said in its press release about Taj Gul.

The ISPR had claimed that he had admitted his offences before the magistrate and the trial court. It was added that he was tried on four charges and was awarded death sentence.

Few days ago the high court has suspended death sentences awarded to two other convicted militants — Fazle Ghaffar and Bukht-i- Ameer. They were among the 13 persons, whose convictions were announced on March 15. The high court has now sought records of their respective cases.

The petitioner claimed that his brother was innocent and not involved in any offence, therefore, he was surrendered to the security forces.

He has requested the court to declare the proceeding of the military court as void and without lawful authority and jurisdiction. He said that his brother was not extended the right to free trial and even he was not provided counsel of his choice.

The military courts set up after the Army Public School carnage in Dec 2014 have so far convicted 65 persons out of which 62 were awarded capital punishment whereas rest of the three were sentenced to life imprisonment.

The high court has decided several writ petitions filed by convicts of the military courts. All such petitions have been dismissed. Family members of some of the convicts subsequently filed appeals before the Supreme Court and the cases have now been pending there.

Published in Dawn, March 30th, 2016