PESHAWAR: The Peshawar High Court on Wednesday stayed the execution of a convicted militant and suspended the death sentence awarded to him by a military court in cases of terrorism.

A bench consisting of Justice Waqar Ahmad Seth and Justice Mohammad Younas Taheem issued the stay order after preliminary hearing into a petition of Shangla district’s Anwarullah Khan, who said his brother, Ikramullah Khan, had recently been convicted by a military court and that he could be executed anytime.

It fixed the next hearing into the case for April 5 directing the relevant staff members that the case be fixed along with petitions of identical nature filed by relatives of three other military court convicts.

Ikramullah of Shangla was convicted by military court lately

The bench also issued notices to the defence and interior secretaries asking them to explain their positions on the matter.

Ghulam Nabi and Ziad Khan, counsel for the petitioner, said his client’s brother, Ikramullah, studied at a Mansehra seminary before the law-enforcement agencies took him into custody from a nearby area on June 24, 2014 and that he had been missing since then.

They said Ikramullah was traced in Rawalpindi’s Adiala Jail, where relatives held several meetings with him.

The counsel said on March 16, the petitioner and other family members learned through newspapers that Ikramullah had been convicted by a military court for acts of terrorism.

On March 15, the Inter-Services Public Relations, media wing of the Pakistan Army, had made public the convictions of 13 people, including Ikramullah, and the confirmation of their sentences by the chief of army staff.

About Ikramullah, the ISPR had stated: “The convict was an active member of Tehreek-i-Taliban Pakistan. He was involved in attacking Armed Forces and Law Enforcement Agencies which caused death and injuries to officers, soldiers and civilians as well as damage to helicopters. He was also in possession of explosives.”

It had further said the convict admitted his offences before the magistrate and the trial court and that he was tried on four counts and awarded death sentence.

The petitioner claimed that his brother was not provided with an opportunity of fair trial, which was guaranteed under Article 10-A of the Constitution.

He added that his brother was innocent and that no specific charges had so far been given against him.

A day ago, the same bench had stayed execution of another military court convict, Fateh Khan, at the eleventh hour as his execution was scheduled for the wee hours of March 30.

The court had suspended his sentence over an application submitted by his mother, Zarba Khela, who said her son was taken into custody by the security forces on Nov 20, 2014, from Sarband area in Peshawar before going missing.

She said she filed an application before the high court about her son’s enforced disappearance on Dec 19, 2015 and that the application had been pending with the court since.

The woman said on March 25, she received a notice from superintendent of Kohat district prison through the political agent of Khyber Agency.

She added that in the said notice she was asked to visit her son for last meeting on March 29, as he would be executed early in the morning on March 30.

The woman claimed neither there were any charges against her son nor had he ever committed any crime.

The ISPR had made public his conviction on Sept 2, 2015. About him the ISPR had stated: “The convict was an active member of proscribed organisation. He was found involved in slaughtering of a civilian, attacking polio workers team, individuals of Law Enforcement Agency and armed force personnel which resulted in death of a child, eleven Khasadars, two army officers, twenty two soldiers and injuries to one civilian, nine Khasadars and twenty five soldiers.”

The ISPR claimed that he had admitted his offences before the magistrate and the trial court. He was tried on eight charges and awarded death sentence.

The military courts set up after the Army Public School carnage in Dec 204 have so far convicted 65 people. Of them, 62 were awarded capital punishment and the rest life imprisonment.

Published in Dawn, March 31st, 2016