PESHAWAR: The Fata Tribunal has set aside the conviction of a banned outfit’s alleged member by an assistant political agent under the Frontier Crimes Regulation and acquitted him in a case of attacks on security forces and Nato supply containers.

The three-member tribunal headed by chairman Sang-i-Marjan Khan accepted a revision petition of convict Yaseen Khan, a resident of Bara, Khyber Agency, who was arrested by the security forces several years ago.

The other tribunal members were Hussainzada Khan and Atif Nazeer.

Bara resident was punished by assistant political agent under PPC, FCR

The petitioner was taken into custody by the security forces and was later handed over to the administration of Khyber Agency.

An assistant political agent had tried the petitioner under different sections of Pakistan Penal Code and Frontier Crimes Regulation (FCR) and convicted him on charges of having links with Tehreek-i-Taliban Pakistan, attacks on security forces and Nato supply containers.

The APA had convicted him and sentenced him to eight years imprisonment.

His appeal was subsequently dismissed by the commissioner FCR, which is the appellate authority.

Shabbir Hussain Gigyani, lawyer for the petitioner, said his client was not given opportunity of fair trial which was mandatory under Article 10-A of the Constitution.

He said his client had remained in the illegal custody of security forces for many years and was handed over to the political administration when nothing could be found against him.

The lawyer said the administration should have freed his client instead of trying him on different charges.

He said though there existed no evidence to connect the petitioner with the charges, the so-called council of elders found him guilty under the FCR.

Also, the FCR commissioner accepted the appeal of a terrorism convict and set aside the sentence of 14 years awarded to him by an assistant political agent.

The appellant, Ayub Khan, a resident of Jamrud, was arrested few years ago by the security forces in Khyber Agency and was later handed over to the administration of Jamrud tehsil, Khyber Agency.

The court of APA had convicted him and ruled that he was a member of a proscribed organisation and was involved in attacking security forces in the area.

Published in Dawn, June 2nd, 2018

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