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PESHAWAR: A Peshawar High Court bench on Friday temporarily stopped the execution of a person by suspending the death sentence awarded to him by a military court for attacking personnel of the law-enforcement agencies.

Justice Ikramullah Khan and Justice Mohammad Ayub Khan issued notices to the defence ministry and provincial home department, and sought records of the case.

The bench was hearing a petition filed by resident of Swat’s Kabal tehsil, Fawaz Khan, against death sentence awarded to his son, Rahmat Shah, by the military court lately.

Asks defence ministry, home dept to produce record of convict

Mian Tajamul Shah, lawyer for the petitioner, said the detainee was a peaceful citizen and was never charged in any criminal case.

He claimed that around a decade ago, the detainee was handed over to military authorities by his family and he remained missing thereafter.

The lawyer added that the detainee was later traced in an internment centre.

He said recently when the petitioner went to meet son Rahmat Shah in Kohat Prison, he learned about the award of death sentence to him by a military court.

The counsel said there was nothing on record against the detainee and any other member of his family.

He said the detainee was punished without any charge, trial or information to the family.

The lawyer said all fundamental rights from protection to life to due process of law to fair trial to representation through counsel to many others were nullified in the case.

The Inter-Services Public Relations, the media wing of the Pakistan Army, had announced through a news release that the chief of Army Staff had confirmed the issuance of death sentence to 22 terrorists, including the detainee.

The ISPR had mentioned that two convicts, including Mohammad Sher Wali Khan and Rahmat Shah, were members of the proscribed organisation and were involved in attacking law-enforcement agencies, which had resulted in the death of assistant sub-inspector Noor Zaman, naib subedar Hussain Faraz and three other soldiers and injuries to five others.

BAIL GRANTED: A single-member high court bench granted bail to an Afghan national arrested by the Federal Investigation Agency for illegally staying in the country and practicing medicine without getting the registration of the Pakistan Medical and Dental College.

Justice Roohul Amin Khan Chamkani accepted the bail petition of suspect Farmanullah asking him to furnish two surety bonds of Rs200,000 each.

Ziaur Rehman Tajik, lawyer for the petitioner, said his client was arrested by the FIA on Dec 6, 2018, and was charged under sections 419, 420, 109 and 468 of Pakistan Penal Code and Section 14 of the Foreigners Act.

He said the non-registration of the petitioner with the PMDC could be called an irregularity and not an illegality.

The lawyer said the offences against his client were not covered by the prohibitory clause of Code of Criminal Procedure and therefore, the grant of bail was a rule in such circumstances and the refusal was an exception.

He added that there were no exceptional circumstances in the case for declining bail to the petitioner.

Published in Dawn, February 2nd, 2019