PESHAWAR: A Peshawar High Court bench on Tuesday stayed execution of two convicted militants and suspended the sentences of death awarded to them by military courts in multiple cases of terrorism.

The bench comprising Justice Waqar Ahmad Seth and Justice Irshad Qaiser directed Manzoor Khalil, a deputy attorney general, to produce record of the cases of the two convicts till April 12, the next date fixed for hearing of two writ petitions respectively challenging the convictions of Taj Gul and Mushtaq Ahmad.

The bench ordered suspension of the sentences awarded to the two convicts till next date.

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 two convicts and the confirmation of their sentences by chief of army staff.

Directs deputy attorney general to present record of cases of Taj Gul and Mushtaq Ahmad

About Taj Gul the ISPR in its press release had stated: “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.”

About Mushtaq Ahmad, the ISPR had stated: “The convict was an active member of Tehreek-i-Taliban Pakistan. He was involved in attacking Saidu Sharif Airport, killing employees of metrological department and destruction of an educational institution which resulted in death of civilians and injuries to soldiers. He was also in possession of firearms and explosives.”

The ISPR had claimed that both of them had admitted their offences before judicial magistrates and trial courts.

The conviction of Taj Gul is challenged by his brother Ajab Gul, a resident of Upper Dir, stating that recently they came to know through print media that his brother was sentenced to death by a military court.

Advocate Arif Jan, representing the petitioner, said that the family was asked five years ago by the security forces to surrender Taj Gul. He added that the convict was taken to the security forces by elders of the area. Subsequently, he stated, he 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 conviction of Mushtaq is challenged by his father Mohammad Miraj, a resident of Kabal area in Swat. His counsel Alamzeb Khan stated that the convict was taken into custody by the security forces on December 20, 2011, and he remained missing for many years.

He stated that few days ago the family came to know about his conviction and that he had been imprisoned at Adiala jail in Rawalpindi. He added that the charges levelled against the convict were baseless and he was not provided a fair trial so that he could have proved his innocence.

Meanwhile, the bench extended stay orders issued earlier regarding suspension of death sentences awarded to four other militants by military courts with the direction that the records related to their cases should be produced.

The conviction of one of them, Fateh Khan, was challenged by his mother Zarba Khela. His execution was scheduled at Kohat prison on March 30 but on March 29 the high court had stayed his execution.

The petitioner claimed that her son was taken into custody by the security forces on November 20, 2014 from Sarband area in Peshawar. She claimed that her son remained missing and finally she filed an application before the high court on December 19, 2015, which had still been pending.

Similarly, the high court had on March 21 suspended death sentence awarded to Fazale Ghaffar and on March 22 the sentence awarded to Bukht-i-Ameer was suspended. They were among the 13 persons, whose convictions were announced on March 15.

On March 30, the high court had stayed the execution of a convict, Ikram Ullah. His brother Anwarullah Khan, a resident of Shangla district, has challenged his conviction. He claimed that the convict was a student at a seminary in Mansehra and was arrested by the security forces on June 24, 2014 following which he remained missing.

The military courts set up after the Army Public School carnage in December 2014 have so far convicted 65 persons out of whom 62 were awarded capital punishment whereas three of them 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 had subsequently filed appeals before the Supreme Court and the cases have now been pending there.

Published in Dawn, April 6th, 2016