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October 22, 2003 Wednesday Sha’aban 25, 1424


PESHAWAR: SC upholds death sentence



Bureau Report


PESHAWAR, Oct 21: A two-member bench of the Supreme Court here on Tuesday upheld the capital punishment awarded to an appellant in a murder case in Kohat.

The bench comprising Justice Jawed Iqbal and Justice Khalilur Rehman Ramday dismissed the appeal of Wazir Khan of Kohat and upheld the judgment of the trial court.

The appellant was convicted for killing a resident of his area, Khyal Bacha, in August 1991. According to the prosecution the deceased wanted to establish sexual relations with a male-cousin of the convict. The appellant reprimanded the deceased several times to mend his ways, but he continued to roam around his residence. On the day of occurrence the appellant spotted the deceased near his residence and in a fit of anger he fired at him.

The additional district and sessions judge had hold the appellant guilty of killing Khyal Bacha. In August 2002, the Peshawar High Court dismissed his appeal and upheld his death penalty.

APPEAL DISMISSED: A two-member bench of the Supreme Court here on Tuesday dismissed an appeal of the education department, challenging reinstatement of 18 school teachers by the NWFP Services Tribunal.

The bench comprising Justice Nazim Hussain Siddiqui and Justice Falak Sher observed that the reinstatement of teachers was in accordance with the law.

The 18 teachers, including Roohul Amin, Mohammad Saeed, Qaiser and others were appointed in 1997 by the education department in district Upper Dir. In 1999, the department dismissed them from service, observing that they were not trained.

The teachers filed petition before the NWFP Service Tribunal on the ground that they had been discriminated. They stated that a number of other untrained teachers were also appointed, but they were not removed from service. Their petition was accepted by the tribunal.

The district education officer, Upper Dir, filed an appeal against that judgment. Advocates Zahoor Qureshi and Tasleem Hussain appeared for the respondents and argued that the education department had no power to pick and choose among the appointed teachers.






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