PESHAWAR: A Peshawar High Court bench on Tuesday granted bail to a suspected terrorist arrested under the Protection of Pakistan Act more than a year ago as the relevant special court in the province ceased to exist.

Justice Waqar Ahmad Seth and Justice Ishtiaq Ibrahim directed the suspect, Attaur Rehman, to file two surety bonds each valuing Rs400,000 for release on bail.

The bench issued the order while hearing a writ petition filed by the suspect seeking release on bail.

The suspect was arrested allegedly in Jan 2015 along with some other suspected terrorists after a police encounter during which one of the terrorist was also killed.

The police had registered an FIR under Section15 of the Protection of Pakistan Act 2014, Section 7 of the Anti-Terrorism Act, sections 4 and 5 of the Explosive Substance Act, Section 15 of Arms Act and sections 148, 353 and 324 of Pakistan Penal Code.

Farmanullah Sailab, lawyer for the petitioner, said the PPA was meant for two years and that time had lapsed few months ago.

He added that as the said law was no longer operational, the special court under the law had also stopped functioning.

The lawyer said his client was arrested early last year and since then, he had been behind bars. He said as the relevant court was no longer available, there was no possibility of conducting of his trial in near future.

The lawyer said under the law, the prosecution had to submit final charge sheet of the case within 14 days but so far the same had not been submitted before any of the court.

He added that the petitioner was falsely implicated in the case and there was no evidence against him that he had participated in any police encounter.

CONVICT ACQUITTED: The bench acquitted a person, who was earlier convicted by a special anti-narcotics court and was sentenced to life imprisonment along with fine of Rs200,000.

The acquittal came as the court accepted the appeal of Mohammad Fayyaz, a resident of Mardan, against the judgment of the special court in a heroin smuggling case.

Akbar Ali Shah, lawyer for the appellant, said his client was arrested by the Anti-Narcotics Force on May 23, 2011, on the charge of smuggling heroin weighing around 171 kilogrammes in an oil tanker.

He added that FIR of the case was registered under Section 9-C of the Control of Narcotics Substance Act.

The lawyer said during trial, the prosecution had not produced the case property before the court due to which it could not be proved whether the said recovery had in fact taken place or not.

Published in Dawn September 21st, 2016