Under the constitution, high courts and the Supreme Court cannot take up appeals of convicts how are challenged sentences issued by a military court. PHOTO: AFP/FILE
Father of a man on death row has requested the Lahore High Court (LHC) to stop the execution of this son and decide his fate after his appeal to challenge the sentence is reheard by a military court. He also requested the court to ask the military court to hear his son’s plea.
Aqeel Ahmed, alias Dr Usman, was awarded the death penalty for his involvement in the attack on the General Headquarters (GHQ) in 2009. He is scheduled to be executed in Adiala Jail.
During the case proceedings, Justice Khawaja Imtiaz Ahmed of the LHC Rawalpindi bench directed the federation’s counsel to seek response from instructions from the Judge Adjutant General (JAG) branch of the GHQ and from Adiala Jail authorities and respond to the court by Thursday (January 3).
The petitioner maintained that since his lawyer had gone to Saudi Arabia to perform Hajj, he had requested the military court not to decide his son’s appeal for as long his lawyer is away. However, the military court turned down the request in November 2012 and upheld the sentences of the seven men convicted for their involvement in the attack.
Moreover, the petitioner maintained that it is unlawful on part of the military court to decide the appeal without even hearing the convicts.
Under the constitution, high courts and the Supreme Court cannot take up appeals of convicts how are challenged sentences issued by a military court.
The petitioner said he would have to file an appeal against the decision of military court of the LHC refuses to direct the military authorities to rehear his son’s appeal.
In August 2011, the Field General Court Marshal awarded the death sentence to Ahmed, life terms to Imran Siddiq, Khaliqur Rehman, Muhammad Usman and Wajid Ali and 10 years to Muhammad Adnan and Tahir Shafique for carrying out, planning and abetting the assault on the Army GHQ in Rawalpindi.
Ahmed was the lone survivors of the 10 attackers who were killed in the assault. The remaining people were arrested during investigations.
Published in The Express Tribune, January 2nd, 2013.
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