PESHAWAR: The Peshawar High Court on Thursday dismissed appeal of a militant and upheld his conviction by an anti-terrorism court in a case of possession of suicide jackets and explosive material.

A bench comprising Justice Abdul Lateef Khan and Justice Syed Afsar Shah ruled that the prosecution had proved its case against the appellant, Fazal Malik, a resident of Tirah in Khyber Agency, and the evidence on record was enough for his conviction.

The appellant was arrested by official of Michni Gate police station in Peshawar on July 16, 2013, when they raided a residence of a prayer leader at Hassan Garhi area. The elderly prayer leader, Qari Iqbal, was paralysed whereas his son Qari Javed and his wife Sadia had escaped.

Police had recovered 16 suicide jackets, 46 detonators, five hand grenades, 30 meter prima cord, three safety fuses, two remote control devices and a clock to be used in a time bomb. The case was registered against the appellant under the Anti-terrorism Act and Explosive Substance Act. An anti-terrorism court had convicted the appellant last year, sentencing him to life imprisonment.

Upholds his life imprisonment sentence awarded by ATC

An assistant advocate general, Sikander Hayat Shah, appeared for state and contended that the appellant was caught red-handed from the residence from where the suicide jackets and explosive material were recovered.

He contended that police had also recovered pamphlets carrying details about preparing an explosive device and a suicide jacket.

He argued that the appellant belonged to a proscribed organisation and during investigation he revealed that they were preparing suicide jackets, which would have been used in acts of terrorism.

The appellant’s counsel argued that he was falsely implicated in the case and the residence from where police claimed he was arrested did not belong to him.

Meanwhile, the bench dismissed an appeal of a person, who was sentenced to 39 years rigorous imprisonment on different counts for carrying explosives and arms, but ordered that his sentences should run concurrently after which his sentence reduced to 14 years imprisonment.

The appellant, Mohammad Ghani, was arrested by officials of Jangalkhel police station in Kohat on July 15, 2012, while he was driving a pick-up truck. Police had recovered 142 kilograms of explosive material and 1381 bullets from the vehicle. Four other persons boarding the truck were also arrested. Police claimed that the appellant was taking the explosive material from Kurram Agency to Peshawar.

An anti-terrorism court in Kohat acquitted the other four suspects, but convicted the appellant. The court sentenced him on four counts under different sections of ATA, Explosive Substance Act and Arms Ordinance and ordered that his sentences should run consecutively, which amounted to total 39 years imprisonment.

Advocate Saleem Shah Hoti appeared for the appellant and contended that running of consecutive sentences was contrary to the provisions of Code of Criminal Procedure.

Moreover, the bench accepted appeal of a person, who was convicted by an ATC in Peshawar for killing a policeman and injuring another one. The appellant, Shah Izzat, was sentenced to life imprisonment with a fine of Rs250,000.

The prosecution had alleged that the appellant had fired at a police party in Gulberg area on July 4, 2011, which resulted into the death of a cop, Khan Gul, whereas another cop Adnan Khan had received injuries.

Advocates Ishtiaq Ibrahim and Khizar Hayat Khazana appeared for the appellant and argued that the appellant had received injuries when he had mistakenly fired his pistol after which he was under treatment in a hospital.

However, they added that he was arrested by police and it was alleged that he received injury during exchange of fire. They added that the chemical examination report did not support the prosecution story.

Published in Dawn, January 30th, 2015

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