PESHAWAR: The Peshawar High Court has set aside the conviction of two militants, who were sentenced to 42 years imprisonment each by an anti-terrorism court in an explosives case.

A bench consisting of Justice Lal Jan Khattak and Justice Syed Mohammad Attique Shah accepted the appeals of convicts Suleman of Bajaur tribal district and Najibullah of Khyber tribal district, ruling that the prosecution had failed to prove its case against them.

The two were charged by the counter terrorism department in an FIR registered under Section 7 of Anti-Terrorism Act and Section 5 of Explosive Substance Act on May 23, 2019, claiming that they belonged to the proscribed Tehreek-i-Taliban Pakistan.

The CTD had insisted that its personnel had spotted the two on Nasir Bagh Road and recovered explosives to be used in acts of terrorism from their possession.

It added that the appellants were in contact with accomplices in Afghanistan.

An ATC had convicted them on Jan 9 and sentenced them to 42 years imprisonment each on different counts along with property confiscation.

Shabbir Hussain Gigyani, lawyer for appellants, said his clients were charged in a fake case and that they were kept in illegal detention before being named in the case.

He said one of the appellants lived in Paharipura area and sold different items including socks as a street vendor.

The lawyer said during trial, a witness was produced by him to the effect that he was taken into custody many weeks prior to the so-called incident.

He said the other appellant had also stated on oath that he was once arrested by the CTD and freed after few days but was again arrested and charged in the case.

Mr Gigyani said there was glaring conflict in the statement of the raiding team and the examination report of bomb disposal unit regarding the items seized from the appellants.

He said the investigation team could not produce any evidence connecting his clients with the proscribed outfit, TTP.

Published in Dawn, June 13th, 2020