Trial by military court stayed
PESHAWAR: A Peshawar High Court bench comprising Chief Justice Yahya Afridi and Justice Mohammad Ayub Khan on Thursday stayed trial by a military court of a suspect accused of murder of a Pesco’s executive engineer (XEN), and directed deputy attorney general to file reply on behalf of the government.
The petition is filed by accused Shehryar Kiyani who was arrested by the Counter Terrorism Department (CTD) in connection with the murder of XEN Yousaf Hussain in Abbottabad on Dec 10, 2016. The FIR of the occurrence was registered at CTD police station, Hazara, on complaint of the deceased’s wife Zohra Bibi.
A meeting was held on April 20, 2017, which was chaired by SSP CTD North Zone, which had decided to refer the case to the military court for trial as the murder of the XEN was on sectarian grounds. Yousaf Hussain belonged to Kurram Agency and was residing in Abbottabad.
Advocate Khalid Afridi appeared for the petitioner and contended that FIR of the occurrence was registered against unidentified persons and his client was falsely implicated in the case.
He argued that the petitioner was not subject to Army Act, 1952 and the recommendation of the SSP CTD to prosecute him in the military court was misleading and against law of the land.
Published in Dawn, May 4th, 2018