PESHAWAR: The Peshawar High Court on Tuesday stayed the execution of a convicted militant and suspended the sentence of death awarded to him by a military court on multiple charges of militancy.

A bench consisting of Justice Yahya Afridi and Justice Roohul Amin Khan sought comments from the respondents, including defence ministry, provincial home department and the superintendent of Timergara district prison, on a petition filed by a resident of Mohmand Agency, Mohammad Ayaz, against the conviction of his brother, Mohammad Imran, by a military court.

The bench fixed May 17 for next hearing of the petition.

The petitioner claimed his family lived in Mohmand Agency and that his brother Mohammad Imran had long been a missing person.

He said his brother was taken into custody by security forces in 2008 and that on Jan 2 this year, the family learned through newspapers that he was sentenced to death by a military court.

The ISPR, media wing of the Pakistan Army, had announced on Jan 1 that the army chief had confirmed death sentences awarded to nine hardcore terrorists, including Mohammad Imran, by the military courts.

About Mohammad Imran, it had stated, “The convict was an active member of Tehreek-i-Taliban Pakistan. He was involved in terrorist acts and attacking Law Enforcement Agencies which caused death / injuries to civilians and soldiers. He admitted his offences before the Magistrate and the trial court. He was tried on four charges and awarded death sentence.”

Sujaid Khan Afridi, lawyer for the petitioner, said the convict was a third-year student at a college and had also completed a four-year course at Jamia Banoria Karachi.

He said in 2008 when the convict was travelling in a car, he was reportedly signaled by the security forces to stop, but when the driver didn’t stop, the personnel had fired gunshots at the people traveling in the car.

The lawyer said in that incident, the driver was killed, whereas the convict had received injuries and was shifted to a hospital.

He added that the convict had disappeared from the hospital under mysterious circumstances and that earlier this year, the family learned that his name was placed on the lists of terrorists and that he was convicted by a military court.

The lawyer said earlier this year, his client had moved the high court against the conviction but the court dismissed it on Jan 12.

He added that the petitioner then filed an appeal before the Supreme Court which had disposed of the appeal on the ground that at that time, the appeal against conviction by the military court was pending with the appellate forum.

The lawyer said the apex court had observed that once the said appeal was decided, then the petitioner could again move the high court.

He said the authorities of Timergara district jail, where the convict had been kept, had informed the family members that his appeal had been dismissed.

The petitioner requested the court to declare the proceedings of the military court, if any, on the basis of which his brother had been convicted and sentenced to death, may be declared void, illegal and without lawful authority.

The high court has so far not overturned any of the convictions by the military courts, which were set up after the enforcement of the Constitution (21st Amendment) Act, 2015.

Currently, several appeals against the high court’s judgments in this respect are pending with the Supreme Court.

Published in Dawn, May 11th, 2016