PESHAWAR: A Peshawar High Court (PHC) bench on Thursday stayed the execution of a convict and suspended the death sentence awarded to him recently by a military court for his involvement in a suicide bombing in Mardan a few years ago.

The bench, comprising Chief Justice Yahya Afridi and Justice Syed Afsar Shah, through a notice directed the defence ministry to submit the case record of convict Burhanuddin, a resident of Khar area of Bajaur Agency, whose father Umar Daraz had filed a writ petition challenging his conviction.

In the petition, the petitioner claimed that his son was innocent and he had been suffering from mental ailment.

The bench fixed May 15 for the next hearing of the case.

The Inter-Services Public Relations (ISPR), the media wing of the Pakistan Army, had on May 5 announced the handing down of the death sentences to 11 terrorists, including Burhanuddin, and the sentences were confirmed by the chief of the army staff.

The ISPR said that Burhanuddin, Shaheer Khan and Gul Faraz Khan were members of a proscribed organisation and they were involved in attacking the funeral of a civilian, Abdullah, at Zargrano Killi, Sher Ghar (Mardan).

The suicide blast at the funeral left 30 people dead, including the then MPA from the area, Imran Khan Mohmand, and around 100 others injured.

The ISPR said the convicts had admitted to their crimes before a magistrate and the trial court.

Advocate Ziaur Rehman Tajik appeared for the petitioner and contended that the conviction of Burhanuddin was in violation of different articles of the Constitution including Articles 4, 5, 9, 10-A and 25.

He argued that the convict was not provided a fair trial and even not permitted to hire a counsel of his choice.

He argued that the suicide blast had taken place in June 2013 and Burhanuddin had been taken into custody by security agencies on Jan 16, 2017.

He stated that the convict had a history of mental ailment and he was under treatment.

He said the family of the convict had a history of psychiatric ailments and one of his brothers had also committed suicide.

He stated that through media reports the petitioner came to know that his son had been convicted and sentenced to death by a military court.

He added that no further details had been provided as to when and where he was convicted.

The counsel contended that the convict had no affiliation with any terrorist outfit and he had been falsely implicated in the case.

Published in Dawn, May 11th, 2018