PESHAWAR: A Peshawar High Court bench on Friday issued a stay order suspending the execution of a man convicted by a military court for attacking security and police personnel in Swat.

Justice Ikramullah Khan and Justice Mohammad Ghazanfar Khan issued a notice to the defence ministry asking it to produce the records of the case of convict Samiur Rehman, whose wife Haleema Bibi has challenged the conviction.

On Jan 18, 2018, the Inter-Services Public Relations, the media wing of the Pakistan Army, had announced the award of death sentences to 10 terrorists, including Samiur Rehman, by a military court and the subsequent confirmation of sentences by the army chief.

Asks defence ministry to produce case records

The ISPR had claimed that Samiur Rehman and Azeem Khan were members of a proscribed militant organisation and that they were involved in attacks against the law-enforcement and security agencies, which had resulted in the death of Major Mohammad Ihsan, nine soldiers, two police officials and injury of 13 others.

It added that firearms and explosives were also found on convicts.

The ISPR claimed that both the convicts had admitted to their offences first before a magistrate and then the trial court.

Malik Ajmal Khan, lawyer for the petitioner, said the convict used to operate a tea stall in the main bazaar of Kabal tehsil in Swat district.

He said when the final phase of military operation against militants began in 2007 and the residents of Swat had abandoned their homes, the convict had also left Swat for Karachi.

The lawyer added that on Nov 20, 2014, the convict was taken into custody by the law-enforcement agencies but his whereabouts were not known thereafter.

He said the family came to know afterwards that the convict was kept at an internment centre in Swat.

“Through media reports, the petitioner and other family members came to know that Samiur Rehman was convicted by a military court in Jan,” he said.

The lawyer said the convict was not a member of any militant outfit and that there existed no records to prove his involvement in anti-state activities.

He added that Samiur Rehman was falsely implicated in the case.

The lawyer requested the court to set aside the verdict of the military court and acquit Samiur Rehman.

Since the setting up of military courts for trying militants, the high court has dismissed several petitions of identical nature against the judgments of military courts.

The Supreme Court also upheld the decisions of the high court. Now, several review petitions are pending with the apex court.

Published in Dawn, February 3rd, 2018