PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the execution of a death-row prisoner, who was sentenced to death by a military court after he was found to be involved in terrorism.

Haider Ali, now 21 years old, was arrested by security forces in 2009, when he was 14 years old and a 10th grade student at the Malakand Public High School, Swat.

“The Peshawar High Court has ordered the military court to halt the execution of my client Haider Ali, who was awarded the death sentence by a military court on August 13,” Ajmal Khan, lawyer of the death row convict told AFP.

The stay order against Haider Ali’s conviction was issued by a bench comprising Justice Mussarat Hilali and Justice Younas Taheem on the petition of her mother, Bacha Laiqa.

Read: PHC moved against conviction of ‘10th grader’ by military court

Laiqa maintained in the petition that her son was arrested by security forces in 2009 on charges of terrorism, but they did not have any information about him after the arrest.

It was only recently, six years after Ali's arrest, that she and her husband found out through media reports their son was imprisoned in a jail in Timergara, in Lower Dir district, and was sentenced to death by a military court, the parents said in the application.

Therefore, the implementation of the military court's verdict should be immediately stopped, the petition said.

The petitioner's lawyer said it was not specified in media reports when Haider Ali was convicted and under what charges.

When the bench asked him about the age of the convict, he said the boy’s date of birth was Dec 1, 1994, which meant at the time of his arrest, he was below 15 and therefore, he was a juvenile.

The lawyer said the convict had obtained A grade in the ninth grade board examination by getting 388 of the total 525 marks.

He said Haider Ali was a regular student and his attendance sheet was also attached with the petition.

The lawyer said his client’s husband was directed by the army authorities stationed in Swat to produce his child and therefore, the child was handed over to them in the presence of the members of a local jirga on Sept 21, 2009, which was the day of Eidul Fitr.

He said the military authorities held Haider Ali incommunicado for many years and finally, the family came to know few months ago through media reports that six people, including Haider Ali, were convicted by military courts.

Announcing the court's decision on the petition, the bench ordered to halt implementation of the military court's verdict of Ali's death sentence until September 8.

The court subsequently adjourned the hearing while issuing notices to the federal government, defence secretary, home secretary, General Officer Commanding Malakand and other concerned officers.

A court official confirmed details of the case, saying Ali was listed as a missing person and a petition for his recovery had been with the court for five years.

Earlier on Saturday, the Supreme Court office declined to entertain a petition moved by Zahir Shah, the father of Haider Ali, in which he sought orders for the authorities to provide the record of the trial court proceedings so that a proper appeal challenging the judgment of the military court could be filed either before the Supreme Court or the high court.

Examine: SC refuses to admit plea seeking record of military court verdict

Advocate Zulfikar Ahmed Bhutta filed the petition before the Supreme Court on behalf of Mr Shah.

On Saturday, the Supreme Court registrar returned the plea to the petitioner on the grounds that he had not approached the high court concerned or any other appropriate forum available to him under the law for the same relief.

The Parliament passed the 21st Amendment and the Pakistan Army Act, 1952, to establish the special courts after the massacre in the Army Public School, Peshawar, last year.

On April 16 the apex court had suspended executions of six militants who were awarded death sentence by these military courts.

Also read: SC stays military courts executions

Earlier in August, the Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan.

Know more: Military courts get Supreme Court nod

While dismissing petitions challenging the 21st amendments, a 17-judge full court of the Supreme Court, in a majority judgment, had reaffirmed that any order passed, decision taken or sentence awarded by the military courts will be subject to judicial review by the high courts and the Supreme Court on the grounds of being coram-non-judice, without jurisdiction or suffering from mala fides including malice in law.