PESHAWAR: The Peshawar High Court on Thursday issued a stay order against the execution of two people convicted by a military court of terrorism.

A bench consisting of Justice Syed Afsar Shah and Justice Mohammad Ishtiaq Ibrahim suspended the death sentence of former councillor Abdul Majeed and Israr Ahmad, both residents of Charbagh area in Swat, and issued a notice to the defence ministry to produce the record of similar cases by Sept 8.

The lawyer for petitioners, Faheem Naeem, informed the court that security forces had taken the two into custody and shifted them to its internment centre established in Pitahm building of Charbagh area, Swat, in 2014. He said the families of the two learnt on Aug 16, 2016 through newspapers that their members had been awarded death sentence by a military court and that the military chief had confirmed the sentence.

The lawyer said the death sentence itself was a violation of the Army Act as neither were the convicts given the hearing opportunity nor did their lawyer appear in the relevant court.

He said under Article 10-A of the Constitution, the accused deserved to be given a chance for hearing and that the convicts did not know the reason for arrest.

The lawyer said one convict, Abdul Majeed, was 65 and that his acquittal in the case should be ordered.

After initial hearing, the court suspended the death sentence and issued notice to the defence ministry to produce the record of the case along with that of similar petitions by Sept 8.

Also, the bench issued a notice to the chief of the Ghalanai internment centre to explain position on a case about the alleged denial of healthcare to intern Khan Mohammad.

It also issued notice to Kohat’s district nazim to file reply in a case about the suspension of three education department employees.

Lawyer for Naseerullah and his two colleagues, Amin Khattak Lachi, told the court that the DEO had appointed his clients to the department on the recommendations of the departmental selection committee.

However, Kohat’s nazim cancelled the appointments in an illegal manner.

The lawyer insisted the nazim had no such powers to cancel appointments and therefore, his order should be cancelled.

Published in Dawn, September 2nd, 2016