ISLAMABAD: Two convicts whose execution was stayed by the Sindh High Court approached the Supreme Court on Wednesday for an early decision on their second review petition. On Dec 19, an anti-terrorism court in Karachi had issued black warrants for their execution. The executions were slated for Tuesday (Dec 23).

Attaullah alias Qasim Muavia and Mohammad Azam alias Sharif, who are confined in Sukkur jail, requested the apex court to set aside the black warrants.

They were found guilty of killing a doctor, Ali Raza Peerani, on sectarian grounds in Karachi’s Soldier Bazaar area in June 2001.

Also read: Hanging: ATC issues black warrants for two LJ militants

In his Oct 13 order, Justice Asif Saeed Khosa of the Supreme Court had said that ordinarily a second review petition was not competent by virtue of Order 25, Rule 9 of the Supreme Court Rules of 1980.

But the petitioners’ counsel Abdul Razzak pointed out that the supervising magistrate had confirmed before the trial court that the appellants (Attaullah and Azam) had not been identified by the eyewitnesses during an identification parade. The only piece of evidence against the appellants could have been their correct identification with reference to their role in the terrorist attack, he contended.

The counsel argued that it was practically a case of no legal evidence against the appellants, but despite that the Supreme Court had upheld their death sentences without adverting to such a critical flaw in the prosecution case.

After hearing the counsel’s arguments, Justice Khosa had accepted the second review petition and ordered relaxation of the rigours of relevant Supreme Court rules. The order also overruled the court office’s objection to the second review.

In the meantime, the convicts had filed in the SHC a criminal miscellaneous application seeking a directive for the ATC No 5 Karachi Division not to issue black warrants till a decision on their second review petition by the Supreme Court.

In its order issued on Dec 23, the SHC said trial courts should fix a date of hanging not less than seven days from the date of issuance of black warrants as per the recently amended Sindh Prisons Rules.

Through the amendment, a SHC full court had reduced the minimum period between the issuance of death warrant and hanging from two weeks to one week.

The SHC had stayed the execution, but directed the convicts’ counsel to file an application in the apex court for an early decision on their second review petition.

Published in Dawn, December 25th, 2014