PESHAWAR, May 27: A full bench of the Federal Sharia Court will take up for hearing on Monday an appeal challenging the sentence of amputation of limbs awarded to a man by a trial court in a case of roadside robbery in the provincial capital.

The bench, comprising Chief Justice Hazikul Khairi, Justice Dr Fida Mohammad Khan and Justice Mohammad Zafar Yaseen, will hear the case in Islamabad. Under Hudood laws, amputation sentences are subject to confirmation by the Federal Sharia Court.

The Sharia Court had suspended the sentence on Feb 1, 2006, in Peshawar and admitted to full hearing the appeal filed by the convict Ajab Khan. The court also summoned the NWFP’s advocate-general and the complainant in the case, Mohammad Islam.

The additional district and sessions judge, Peshawar, had convicted the appellant on Jan 26, 2006, and sentenced him under Section 17(3) of the Offence against Property (Enforcement of Hudood) Ordinance, 1979.

The court had ordered cutting off his right hand from wrist and left foot from ankle. The court also handed down a sentence of five years’ imprisonment and imposed a fine of Rs30, 000 under Section 412 of the Pakistan Penal Code.

The chairman of the Voice of Prisoners, Noor Alam Khan, will argue the appellant’s case.

The appellant contended that the trial court had not fulfilled the basic conditions of Tazkiya Al Shahood in sentencing him under the Hadd.

He contended that under Section 7 of the Hudood Ordinance, the proof of an offence liable to Hadd was in two forms: either the accused should confess to the commission of the offence or at least two Muslim adult male witnesses, fulfilling all requirements of Tazkiya Al Shahood give evidence as eyewitnesses.

He added that witnesses should be honest and pious.

He stated that the same conditions applied to his case. He contended that even if it was considered that the witnesses were qualified, the trial court should conduct a proper inquiry about their credibility and integrity of character.

The appellant said that both witnesses were police officials and nothing was known about their moral character, piety or level of honesty.

The case against the appellant had been registered by the Hashtnagri police on April 5, 2005, on the complaint of Mohammad Islam.

Mr Islam had alleged that t accused had snatched Rs320,240 from him while he was waiting for a bus near the Shabistan Cinema and tried to escape.

The complainant claimed that he had cried for help following which some police officials of the Rider Squad caught him.