PESHAWAR: The Peshawar High Court on Tuesday stayed the execution of an alleged juvenile convict and suspended death sentence awarded to him by a military court few months ago over conviction of involvement in acts of terrorism.

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.

The bench fixed Sept 9 for the next hearing into the petition and asked the federal government to seek record of the case from the relevant military authorities.

It also issued notices to the respondents, including federation of Pakistan through the interior ministry, defence ministry through its secretary, federal law secretary, provincial home secretary, chief of the army staff, Peshawar corps commander, general officer commandant for Malakand division stationed in Khwazakhela (Swat) and provincial inspector general of prisons.

Asks federal govt to seek case record from military authorities

Lawyer for the petitioner, Malik Mohammad Ajmal, contended that the convict was enrolled in 10th grade at a high school in Kabal tehsil of Swat when he was handed over to security forces by his family on Sept 21, 2009.

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.

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

On April 2, the ISPR, the media wing of Pakistan Army, had announced the army chief had confirmed the convictions and sentences of death awarded to six terrorists.

However, it had neither mentioned the names of the convicts nor had it stated when they were convicted by a military court.

Later, the media named those convicts as Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir.

The said military courts have been established after the passage of 21st Constitutional Amendment and subsequent amendments to the Army Act. The said amendments were challenged before the Supreme Court, which dismissed all petitions against them on Aug 5.

Father of the convict, Zahir Shah, had also filed a petition under Article 184 sub-clause 3 of the Constitution in the Supreme Court for obtaining the attested/unattested copies of the relevant record pertaining to the conviction and sentence of his son as the same was requisitioned by the apex court during hearing of the petitions challenging the Constitution 21st Amendment. However, on Aug 22, the apex court declined to entertain that petition.

The petitioner, Bacha Laiqa, said in its detailed judgment, the Supreme Court had ruled that the judgments of the military court were subject to judicial review on two grounds i.e. jurisdictional error and mala fide of law.

She requested the court to declare the proceeding of the military court against her child void and without lawful authority and jurisdiction being the result of mala fide of law, and direct respondents to submit complete charge sheet against him before the competent court having jurisdiction in the matter for onward proceedings.

Published in Dawn, August 26th, 2015

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