KARACHI: The Sindh High Court on Monday suspended the black warrants issued by an antiterrorism court for the execution of two Lashkar-i-Jhangvi militants and asked it to again issue death warrants in accordance with the amended rules.

The trial court had issued their black warrants on Friday and had fixed Dec 23 (today) for their hanging.

Attaullah, alias Qasim, and Mohammad Azam, alias Sharif, were found guilty of killing a doctor, Ali Raza Peerani, on sectarian grounds in the Soldier Bazaar area in June 2001. The counsel for both the condemned prisoners challenged the issuance of the black warrants and submitted that a second review petition of the appellants were filed before the Supreme Court of Pakistan.

Before fixing the review petition for hearing, the apex court had asked the counsel to remove some objections, which were removed on Dec 20. The lawyer asked the SHC to stay the execution of black warrants till the disposal of the review application in the apex court.

A division bench of the SHC, headed by Justice Mohammad Ali Mazhar, observed that the full court of the SHC amended the Sindh Prisons Rules and reduced the minimum period between the issuance of warrants and hanging from two weeks to one week.

After the new amendment, trial courts should fix a date of hanging not less than seven days from the date of the issuance of black warrants, according to the SHC ruling.

Whiling suspending the warrants, the bench ruled that the trial court has not considered the mandatory period of seven days and asked it to issue fresh black warrants in accordance with the recent amendment.

The court also asked the counsel for the condemned prisoners to approach the apex court over the fate of the review petition.

Juvenile convict

The same bench issued notices to the home secretary, IG prisons, advocate general, prosecutor general and other respondents for Tuesday over the expected hanging of a convict who was sentenced to death when he was below 18 years.

On Sept 1, 2004, the then judge of the ATC-III, Judge Arshad Noor Khan, had found him guilty of killing seven-year-old Umair, son of a car dealer, whom he had kidnapped for ransom in April 2004 within the jurisdiction of the New Town police station.

The brother of the convict through Barrister Sarah Belal moved the Sindh High Court and submitted that Shafqat’s case was different from those for which death warrants were being issued as per government policy. She argued that her client was wrongly convicted as a juvenile in a case of kidnapping and murder — a charge that was later reduced to involuntary manslaughter by the high court.

She further argued that the convict had no link with any terrorist organisation and asked the court to stop his hanging.

It is worth noting here that the jail authorities in Karachi had asked an antiterrorism court a few days ago to issue his death warrants as his appeals and mercy petitions had been rejected by the high judiciary and president, respectively.

However, the trial court has yet to issue a fresh death warrant.

Earlier in August 2012, an antiterrorism court had issued a black warrant for the hanging of Shafqat Hussain. But the death warrant was not executed, as there was a moratorium on the executions which was recently removed under a decision of the prime minister.

Published in Dawn, December 23rd, 2014