Peshawar High Court stays execution awarded by military court

Published March 22, 2016
The lawyer of convict Bakhat Amir contents that his client was not given the basic right of a free and fair trial.—PPI/file
The lawyer of convict Bakhat Amir contents that his client was not given the basic right of a free and fair trial.—PPI/file

PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the execution of a death-row inmate, who was sentenced to death by a military court for involvement in terrorism.

A two member bench of the PHC, comprising Justice Mahzar Alam Main Khel and Justice Younis Thaheem, heard the application of convicted militant Bakhat Amir, staying his execution.

The bench asked the interior and defense ministries to submit details of the case in the next hearing.

The application filed by the convict's brother prayed that Amir had surrendered himself to security forces in 2009 in Swat, after which there was no information about him.

A few weeks ago the family was informed that Amir had been awarded the death sentence by a military court, his brother maintained in court.

The convict’s brother said "we do not know when and where the trial was conducted or who conducted tried the case".

The lawyer of Bakhat Amir contented that his client was not given "the basic right of a free and fair trial."

This is the second instance the PHC has intervened to suspend a death sentence awarded by a military court.

In August 2015, PHC suspended the death sentence of Haider Ali — a 10th grade student at the Malakand Public High School, Swat.

Military courts

The Parliament passed the 21st Amendment and the Pakistan Army Act, 1952, to establish special military courts after the Taliban massacred students in the Army Public School Peshawar in 2014.

On April 16, 2015, the apex court had suspended the executions of six militants who were awarded death sentence by these military courts.

However, in August last year, the apex court in a majority ruling had upheld the establishment of military courts in the country.

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