Reprieve?: Court stays execution of triple murder convict

Order follows convict’s plea that a compromise with the aggrieved party could be reached.

ISLAMABAD: Less than 15 hours before Raees Ahmed was scheduled to be hanged, the Islamabad High Court (IHC) granted a stay of execution to the triple murder convict after Ahmed’s counsel informed the court that both the parties were on the verge of reaching a compromise.

Ahmed has been on death row since 1999 for killing three of his relatives — Muhammad Saeed, Hassan Akhtar and Faras — over a land dispute in Chirah Village in 1997, said petitioner Raja Athar Haroon’s counsel, Chaudhry Zahoor Hussain.

Ahmed’s father, Haroonur Rasheed, and his brother, Muhammad Hanif, who were also awarded death sentences died in prison, said Hussain. Three others, including a brother of the convict, were released in 2007-08 after they completed life terms, he added.

Ahmed’s brother Haroon, through his counsel prayed before a two-judge bench comprising Justice Athar Minallah and Justice Aamir Farooq that the life of his brother could be saved if the court grants a stay.

“He has suffered the agony of the death of his father and brother,” the counsel said while requesting the court to delay the execution on humanitarian grounds for two days so that the parties may reach a compromise.

“How can we suspend death sentence awarded under the Anti-Terrorism Act,” the bench said, adding that ATA matters were non-compoundable.

In reply, Hussain said Ahmed and the other accused were tried under the Suppression of Terrorist Activities Act, 1975, which was repealed after the ATA 1997 was passed. Besides, he said the case did not fall within the ambit of ATA, he added.

“The matter has already been decided by the apex court and this court cannot go against its orders,” replied the bench. The counsel pleaded that time was needed to gather all the family members to reach a compromise, which was not possible before 5:30am on Friday when the execution was scheduled.

Advocate-General Mian Abdul Rauf informed the court that the petitioner was directed on Wednesday to submit an affidavit stating the names of the legal heirs of his victims’ to prove negotiations for compromise were under way, but no affidavit was provided to the prosecution.

To this, Hussain said that directions were given at 1pm on March 25 and due to the shortage of time ‘he could not get all the family members together at once.’

The bench deliberated for a few minutes before deciding to grant a stay of execution till Monday, March 30.

Published in The Express Tribune, March 27^th, 2015.