PESHAWAR: The Peshawar High Court on Tuesday stayed the execution of three convicted militants and suspended the sentences of death awarded to them by military courts on account of multiple charges of terrorism.

A bench consisting of Justice Yahya Afridi and Justice Waqar Ahmad Seth issued notice to the defence ministry directing it to produce the records of their cases.

The orders were issued on separate petitions, which challenged the conviction of Mohammad Tayyab, Azizur Rehman and Mohammad Ayaz on militancy charges and award of sentences to them.

The bench fixed July 26 for the next hearing into the petitions and put the deputy attorney general on notice.

The petitioners’ conviction was made public by the Inter-Services Public Relations, media wing of the Pakistan Army, on July 15.

About the offences of Mohammad Tayyab, the ISPR had stated that he was involved in attacking armed forces of Pakistan which resulted in the death of soldiers and civilians.

Orders production of case records

About Azizur Rehman, it stated that he was involved in attacking law enforcement agencies which resulted in the death of police constable.

“He was also involved in the destruction of shops by planting improvised explosive devices and was also in possession of explosives.”

About Mohammad Ayaz, the ISPR stated that he was involved in attacking armed forces which resulted in the death of a soldier. He was also in possession of explosives.

It however didn’t disclose when and where their trials were conducted and when the convicted had happened.

The ISPR stated that Chief of Army Staff General Raheel Sharif had confirmed the death sentences awarded to them.

Ghulam Mohiuddin Malik and Arif Jan, lawyers for the petitioners, said they were not provided a fair trial which was mandatory under the Constitution.

They said convict Mohammad Tayyab was taken into custody by the law enforcing agencies in his native Abbottabad on Oct 30, 2014, following which he had remained missing.

The lawyers said on Jul 15 PHC stays execution of three convicted militants through media reports, his family members came to know that he had been convicted by a military court.

About Mohammad Ayaz, they said he was taken into custody by the security forces at a check post in 2009 at Barikot in Swat following which he had remained incommunicado.

Later on, they added that he had been kept at different detention facilities where his relatives had also met him. Finally, they added that his relatives got information about his conviction through media reports.

About Azizur Rehman, a resident of Swat, the lawyers claimed he was arrested in 2010 and had remained in detention for many years and that his family members had learned about his conviction by the military court.

They said convicts had not been informed about the charges under which they had been tried and convicted and that even they were not provided the opportunity to hire a counsel for them.

Published in Dawn, July 20th, 2016