PESHAWAR, Dec 10: A two-member bench of the Peshawar High Court on Tuesday admitted to full hearing a writ petition challenging the trial of an accused by an anti-terrorism court and directed that the court should not pronounce the judgment in the case.
The bench, comprising Justice Tariq Pervaiz and Justice Ijaz Afzal Khan, directed the trial court that it should continue with the trial of the accused-petitioner, Ikramullah, but should not deliver the verdict.
The petitioner, arrested in connection with kidnapping of a rickshaw-driver in the Pishtakhara area, had contended that the provisions of the Anti-Terrorism Act, 1997, were not followed while investigating his case.
Advocate Khursheed Ahmad Shahan appeared for the petitioner and argued that various amendments were made in the Anti- Terrorism Act, 1997, through an ordinance promulgated on Jan 31, 2002. He argued that through the amendments it was made binding that investigation in a case of terrorism should be conducted by a joint investigation team and not by the police alone.
Mr Shahan argued that in the case the investigation was conducted by a police officer and not by a joint investigation team. He contended that the investigation was a nullity in the eyes of law and prayed before the court to declare the trial of the accused-petitioner illegal and against the law.
It merits a mention here that the high court had already admitted to full hearing a number of other petitions challenging the establishment of the anti-terrorism courts in the province.
In those cases the petitioners had claimed that after an amendment in the ATA of 1997, the establishment of the ATC in NWFP was illegal. They claimed that through the amendments section 14 of the ATA, 1997, was substituted with another section following which the ATC could not be established.
































