PESHAWAR: The Peshawar High Court (PHC) on Thursday stayed the execution of two convicted terrorists and suspended the death sentence awarded by a military court.

The military court convicted terrorists were arrested from Swat for their involvement in attacks on security forces and maintaining contact with proscribed organisations.

A two member bench of the PHC heard the application submitted by the relatives of the convicts.

The bench stayed the execution after hearing the initial argument and asked the interior and defence ministries to submit details of the convicted terrorists by September 9.

The application submitted by the relatives stated that it is not known when and where the trial was held.

The black warrants for the convicts were signed by Chief of Army Staff General Raheel on August 16, 2016.

Military courts

In the wake of the APS carnage, military courts were set up for trying terrorists under amendments made to the Constitution and the Army Act.

Political parties had unanimously agreed over the issue of setting up military courts to tackle terrorism cases in the country following the gruesome attack on the Army Public School in Peshawar in December 2014, following which the Parliament passed the 21st constitutional amendment in Jan 2015 to set up the said courts.

President Mamnoon Hussain had also promulgated an ordinance further revising the recently amended Army Act to ostensibly aid the functioning of military courts by allowing for trials in camera, i.e without the presence of the public or the media, and over video link if necessary.

The Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan.

Petitions challenging the 21st amendment were dismissed in August this year in a majority 11-6 vote of the 17-member SC bench. Chief Justice Nasirul Mulk and Justice Dost Muhammad announced the verdict.

In a 14-3 majority vote, petitions challenging the 18th amendment were also dismissed by the bench. Judges provided seven opinions and two additional notes on the ruling.

In its editorials, Dawn has criticised the establishment of military courts for "simply not being compatible with a constitutional democracy."

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