PESHAWAR: A Peshawar High Court bench on Wednesday set aside the conviction of an Afghan national by an anti-terrorism court in an explosives device and directed the trial court to conduct fresh trial in four months.

Justice Ikramullah Khan and Justice Ishtiaq Ibrahim partially allowed an appeal filed by convict Ubaidullah, observing that the trial court had framed charge under a law, which had been repealed in the province in 2013.

The prosecution claimed that the counter-terrorism department had a tip that a suspect would transport explosive substance and other items to the provincial capital for terrorism and arrested the appellant near Khazana Sugar Mills on Charsadda Road on Mar 20, 2016, after seizure of a 5kg explosive device, detonators and safety fuses.

The appellant was convicted by an ATC on June 23, 2016, and was sentenced to different prison terms on three counts.

The trial court sentenced him to 14 years rigorous imprisonment under Anti- Terrorism Act; 10 years imprisonment under the Explosive Substance Act 1908; and, five years imprisonment under the Foreigners Act.

Shabir Hussain Gigyani, lawyer for the appellant, said in Khyber Pakhtunkhwa, the Explosive Substance Act, 1908, had already been repealed in 2013 through the enactment of the KP Explosive Substance Act, 2013, but despite the repealing of the said law, the prosecution and trial court ignored that fact.

He said under Section 7 of the repealed law, no court should conduct a trial of an offence under that law except with the consent of the government or an authorised officer.

The lawyer said though the law had been repealed, the government continued to give consent for a trial under that law, which was illegal.

Mr Gigyani said the appellant was falsely implicated in the case and that he, a schoolchild, had appeared in secondary school examination prior to his arrest.

PETITION ADMITTED: A bench consisting of Justice Lal Jan Khattak and Justice Mohammad Ghazanfar Khan admitted to the full hearing a petition against the election of Arbab Mohammad Usman as the president of the PHC Bar Association.

The bench also issued notices to the respondents, including the election commission, which had conducted the polls, and president Arbab Usman.

Petitioner and lawyer Daris Khan requested the court to declare illegal the election of Arbab Usman and holding of his office as PHCBA president and taking oath as president.

The bench also issued notices to the respondents in an application seeking interim relief by the petitioner requesting that the president may be restrained from functioning until final disposal of the petition.

Gohar Rahman Khattak, lawyer for the petitioner, said Arbab Usman had never fulfilled the criteria laid down by the bar council to contest or to become presidential candidate for the elections.

Published in Dawn, August 10th, 2017