ISLAMABAD: The father of a convict in the Bannu jailbreak case has approached the Islamabad High Court (IHC) against the sentence of a military court.

In a petition filed with the IHC, Shah Khan stated that the military court had convicted his son Tahir Khan without giving him a proper opportunity of defence.

On September 2, the Inter Services Public Relations (ISPR) announced that Chief of Army Staff General Raheel Sharif had approved death sentences to ‘hardcore terrorists’, including Tahir.

According to the ISPR, Tahir was an active member of the outlawed Tehreek-i-Taliban Pakistan (TTP). He was involved in attacking/breaking the Bannu jail after which a number of terrorists escaped.

Petitioner says his son was sentenced to death in the Bannu jailbreak case without giving him an opportunity to defend himself

He was also found involved in attacks on law enforcement agencies in which a soldier was killed and another injured. It said Tahir had confessed to his offence before a magistrate and the trial court. He was tried on three charges and awarded the death sentence, it added.

In April 2012, over 200 armed Taliban militants travelling in several vehicles attacked the central jail in Bannu, releasing 384 prisoners, including Adnan Rashid, a former junior technician of the Pakistan Air Force (PAF), involved in Pervez Musharraf attack case.

The petitioner’s counsel, Babar Awan, contended before the court that Shah Khan, a resident of Pipal Bazaar in Bannu, was working as a labourer in the local fruit and vegetable market. In February 2014, unidentified people abducted his son Tahir. He said the matter was reported to the Bannu police but Tahir could not be recovered.

The petition stated that on September 3, 2015, the petitioner heard that his son Tahir had been awarded the death penalty for his alleged involvement in the Bannu jailbreak.

It alleged that the military authorities had denied access to the petitioner to meet his death-row son which was a violation of fundamental rights.

Besides, the petition claimed that Tahir was not given a proper opportunity of defence which was a violation of Article 10-A, which guaranteed a fair trial.

It added that the petitioner had also been denied documents related to the charges leveled against his son.

The petition cited the ministry of interior and the state as respondents. It requested the court to direct the respondents to trace the whereabouts of Tahir and facilitate his father’s meeting with him.

On the request of Babar Awan, the court declined to issue a stay order against the execution of the death sentence.

The court, however, issued notices to the respondents and sought their comments. Further hearing was adjourned till a date to be fixed by the registrar office.

Published in Dawn, September 11th, 2015

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