PESHAWAR: A Peshawar High Court bench has upheld the conviction of and the award of death sentence to a militant by a military court.

While dismissing the petition of the convict’s sister, Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaisar observed that the high court had earlier dismissed several other petitions of the identical nature.

The petitioner, Mashooqa, claimed that her family lived in Bajaur Agency and that her brother, Aslam Khan, was taken into custody by security forces around four years ago.

She claimed his brother remained missing since Sept 22 when they came to know through newspaper reports that he was convicted by a military court.

Arif Jan, lawyer for the petitioner, said the high court had earlier dismissed two petitions of the military court’s convicts on Oct 14 and thereafter, four such petitions were also dismissed on Dec 9.

He said in light of those judgments, the present petition might be disposed of so that the petitioner could move the Supreme Court.

On a query put by the court, the lawyer pointed out that in some of the appeals the apex court had suspended the death sentence and now the cases would be heard by a larger bench.

He added that it would be appropriate to dispose of the petition so that the petitioner could file an appeal and her case may also be clubbed with other appeals in the Supreme Court.

The petitioner has claimed that her family lived on both sides of the Pak-Afghan border and that her convicted brother was held after he along with her were returning back to their village on Pakistani side of the border after meeting one of their brothers in Afghanistan.

She said she and her brother were taken into custody by security forces.

The petitioner alleged that she was freed by the security personnel who told her that Aslam would be released later on.

She added that since that day, Aslam had been missing.

The petitioner said she was having an old mother and a younger brother in village who was disabled.

On Sept 21, the media wing of the Pakistan Army, ISPR had issued a press release regarding conviction of 10 militants. In the said press release very brief descriptions were given about the convicts.

Regarding Aslam Khan, ISPR had stated: “The convict was an active member of Tehreek-i-Taliban Pakistan. He was found involved in attacking Law Enforcement Agencies and civilians, which resulted in death of 4 persons including 1 soldier and injuries to nine persons including five soldiers. He admitted his offences before the Magistrate and the trial court. He was tried on four charges and awarded death sentence.”

Published in Dawn, December 25th, 2015