PESHAWAR: A Peshawar High Court bench on Tuesday stayed the execution of a convicted militant and suspended his death sentence awarded by a military court on multiple charges of terrorism.

Chief Justice Mazhar Alam Miankhel and Justice Mohammad Daud Khan also directed the defence ministry to produce the records of the case involving convict Rizwanullah, a resident of Shangla district.

The bench issued the order after preliminary hearing into a petition of the convict’s mother, Bukht Seyyara, who claimed that her son was innocent and they had handed him over to the Pakistan Army through elders of the area during the 2009 military operation.

On May 3, 2016, the ISPR (Inter Services Public Relations), media wing of the Pakistan Army, had announced conviction of 11 militants, including Rizwanullah, by the military courts and the subsequent confirmation of their death sentences by the chief of army staff.

Asks defence ministry to produce records of the case

About Rizwanullah, the ISPR had stated: “The convict was an active member of Tehreek-i-Taliban Pakistan. He was involved in killing of a civilian, kidnapping Wapda employee and attacking Armed Forces which resulted in injuries to an officer and a soldier. He was also in possession of fire arms and explosives.”

It had also claimed that the convict had admitted his offences before the magistrate and the trial court.

He was tried on five charges before given the death sentence.

Arif Jan, lawyer for the petitioner, said after the convict was handed over to security forces, he had remained missing and later on he was shifted to an internment centre set up at the Pak-Austrian Institute of Hotel Management in Swat.

He added that the petitioner and his family members were allowed to meet him at the said centre twice in 2014.

The lawyer said on May 4, the family members came to know through media reports that Rizwanullah was sentenced to death by a military court after conviction on multiple charges of terrorism.

He said the family members had approached the head of that internment centre with the request to provide them with the records of the case, but in vain.

The lawyer said the convict had never been produced before any magistrate since his arrest in 2009 and therefore, his entire detention was illegal.

STAY ORDER EXTENDED: Another bench consisting of Justice Irshad Qaisar and Justice Syed Afsar Shah extended a stay order earlier issued against the conviction of and award of death sentence to militant Mohammad Imran by a military court. Due to a lack of time, arguments didn’t take place on the petition filed by Imran’s brother, Mohammad Ayaz.

During the previous hearing on May 10, the court had issued the stay order and sought comments from different respondents, including defence ministry, provincial home department and the superintendent of Timergara district prison.

The petitioner, Mohammad Ayaz, has claimed that his family belonged to Mohmand Agency and that one of its member and his brother, Mohammad Imran, was a missing person.

He said his brother was taken into custody by the security forces in 2008 and that on Jan 2 this year, the family came to know through newspapers that he was sentenced to death by a military court.

About convict Mohammad Imran, the ISPR had stated: “The convict was an active member of Tehreek-e-Taliban Pakistan.

He was involved in terrorist acts and attacking Law Enforcement Agencies which caused death / injuries to civilians and soldiers.

He admitted his offences before the Magistrate and the trial court. He was tried on four charges and awarded death sentence.”

The high court has so far not overturned any of the convictions by military courts set up after the Constitution (21st Amendment) Act, 2015.

However, several of the appeals originating from high court judgments have been pending with the Supreme Court.

Published in Dawn, May 18th, 2016