The Peshawar High Court (PHC) on Thursday suspended the death sentence handed to a man convicted for terrorism by a military court.
The army's media wing last week announced that Chief of Army Staff Gen Qamar Javed Bajwa had ratified the death sentences of 11 militants, including one identified as Burhanuddin. He was among three convicts sentenced to death for an attack on a civilian funeral service in Mardan, which resulted in the killing of 30 people, including Khyber Pakhtunkhwa MPA Mohmind, and left 100 others wounded.
The father of 31-year-old Burhanuddin, Umer Daraz Khan, challenged the military court's sentence through his lawyer Ziaur Rehman Tajik.
Tajik told a two-judge PHC bench comprising Chief Justice Yahya Afridi and Justice Afsar Shah that Bajaur Agency native Burhanuddin had been arrested on Jan 16, 2017, for his involvement in a bomb blast.
He claimed that Burhanuddin was mentally unfit and had been undergoing treatment before and throughout the duration of his custody.
Tajik said the family had been unaware of Burhanuddin's location and were informed of his sentencing through the media.
The petitioner wondered how a mentally disabled person could be involved in terrorism and awarded capital punishment, adding that the convict had not been given the opportunity of a fair trial.
Tajik added that the suspect's family claimed the man was innocent and not involved in any terrorist activity.
The bench accepted the family's plea and suspended the military court's sentence, asking the federal government and concerned departments to submit a report and record on the matter in the PHC and fixed May 15 as the date of the next hearing.
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