PESHAWAR: The Peshawar High Court on Tuesday dismissed appeal of four militants and upheld their conviction by an anti-terrorism court in a case of possessing high quality of explosives and weapons.

A bench comprising Justice Abdul Lateef Khan and Justice Syed Afsar Shah pronounced a short order after hearing arguments of the defence and prosecution in the joint appeal filed by the four convicts -- Niazbeen, Sheraz, Asif Khan and Haji Habib.

The appellants were arrested by police on Oct 27, 2013, in a raid on a hujra and attached residence in the limits of Mattani police station. Police claimed to have recovered 840 kilograms of explosive material, a Kalashnikov rifle and several pistols from them. They were charged under different sections of Anti-Terrorism Act, Explosive Substance Act, Arms Ordinance and Pakistan Penal Code.

One of the appellants, Niazbeen, had also recorded his confessional statement wherein he admitted that the explosive material belonged to them. An anti-terrorism court in Peshawar had found the appellants guilty of the offence and sentenced each of them to 14 years rigorous imprisonment.

The defence counsel argued that the appellants were falsely implicated in the case and they were not present on the spot of occurrence. He contended that the explosive material was recovered from the hujra of a local commander of Tehreek-i-Taliban Pakistan (TTP), Khalid Khan, and the appellants had no relation with him.

The counsel contended that the confessional statement of Niazbeen was given under duress as he was severely tortured and forced by police to record statements in some of terrorism related cases. He added that police involved the appellants in several untraced cases.

Dismisses joint appeal of convicts against 14 years rigorous imprisonment

He also rose technical objection arguing that under Section 7 of Explosive Substance Act the prosecution needed prior sanction of the government for trial in such offences and in present case no sanction was received by the prosecution.

An assistant advocate general, Sikander Hayat Khan, argued that the appellants were arrested red-handed during exchange of fire with police. He added that the explosives recovered from them were of high quality and had to be used in acts of terrorism. About the objection raised by the appellants counsel, the AAG cited several judgments of the superior courts stating that the said section was directory in nature and not binding on the prosecution.

It merits a mention that the appellants were also charged in the 2013 Qissa Khwani Bazaar car bombing, which had left 47 people dead. They were acquitted in that case by an ATC in Oct 2014.

The prosecution alleged the mastermind of the terrorist activity was Mosam Khan, who parked the vehicle in the bazaar and left moments before the blast occurred.

Published in Dawn February 4th , 2015

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