PESHAWAR: A Peshawar High Court bench on Thursday stayed execution of a person and suspended the sentence of death awarded to him by a military court on account of carrying out a terrorist attack at a local hotel which had resulted in death of four persons.

The bench comprising Chief Justice Waqar Ahmad Seth and Justice Lal Jan Khattak issued notices to the respondents including the federal ministries of defence and interior and Khyber Pakhtunkhwa home department in a writ petition filed by a woman, Siddiqua Bibi, challenging the conviction of her son Muhammad Arish by a military court.

The bench fixed Sept 12 for next hearing of the petition and also sought record of the case.

The Inter Services Public Relations (ISPR) had on April 2, 2018, announced that the chief of army staff had confirmed the sentences of death awarded to 10 hardcore militants including the present convict.

About Muhammad Arish, the ISPR had claimed that he was a member of a proscribed organisation. It was added that he was involved in attacking Pearl Continental Hotel, Peshawar, which resulted in death of four civilians.

It was claimed that the convict had confessed to his offence before the judicial magistrate and the trial court.

The petitioner’s counsel contended that the detainee, Muhammad Aris,h was taken into custody by the security agencies many years ago after which he had remained missing. He stated that recently the petitioner and her family were informed that her son was in Kohat prison and would be executed in the near future, as he was convicted by a military court.

He contended that the detainee was innocent and was not given a fair trial, which was mandatory under the Constitution.

Published in Dawn, August 3rd, 2018