Military trial: SC suspends death penalty of two convicts
Bench seeks trial records from military authorities
Supreme Court. PHOTO: FILE
ISLAMABAD:
The Supreme Court on Monday suspended the sentences of two militants condemned to death by the military courts. A two-judge bench – headed by Justice Gulzar Ahmad – also sought trial records from military authorities.
The bench suspended the sentences of two convicts Qari Zahir Gul and Haider Ali while hearing the petitions of their mothers Anwar Bibi and Bacha Laiqa. The army chief, Peshawar’s corps commander and other military officials have been named as respondents in the petitions.
Gul’s mother claims that the family had shifted from Bajaur Agency to Peshawar’s Jalozai camp where Gul had started leading prayers at a mosque. In 2011, he was arrested by army officials. She petitioned the Peshawar High Court for her son’s release – but it was dismissed in 2012 on the ground that Gul was blacklisted. He was then detained at an internment centre in Bajaur Agency with no access to his family. Subsequently, she moved another petition in the PHC in 2014. But before the PHC could take up the plea a military court had convicted and condemned Gul to death.
In her petition, Ali’s mother told the apex court that her son was a tenth-grader at the Malakand Public School in Sersenai village when a Jirga had handed him over to the army on September 21, 2009. The Jirga and the family had been assured that Ali would be released after a court appearance.
Instead, Ali went missing. His family took up the issue on various legal forums, including the Supreme Court, but to no avail. They were told that Ali had been sentenced to death. They filed a petition in the PHC against the sentence but it was dismissed, forcing them to approach the apex court.
Arguing on behalf of the two women, their attorney Asma Jahangir claimed that the military authorities had not followed due legal process in sentencing the two men. The military authorities had neither allowed the two men access to counsels nor had the families been provided records of the trials, she said. Adjourning proceedings till December 16, the court sought records of the cases from the military authorities.
Court martial cases
Another three-judge bench of the apex court – headed by Justice Mian Saqib Nisar – meanwhile sent 12 court martial cases of serving military officials to the high court for examining whether the acts were committed with mala fide intent.
Published in The Express Tribune, December 8th, 2015.
The Supreme Court on Monday suspended the sentences of two militants condemned to death by the military courts. A two-judge bench – headed by Justice Gulzar Ahmad – also sought trial records from military authorities.
The bench suspended the sentences of two convicts Qari Zahir Gul and Haider Ali while hearing the petitions of their mothers Anwar Bibi and Bacha Laiqa. The army chief, Peshawar’s corps commander and other military officials have been named as respondents in the petitions.
Gul’s mother claims that the family had shifted from Bajaur Agency to Peshawar’s Jalozai camp where Gul had started leading prayers at a mosque. In 2011, he was arrested by army officials. She petitioned the Peshawar High Court for her son’s release – but it was dismissed in 2012 on the ground that Gul was blacklisted. He was then detained at an internment centre in Bajaur Agency with no access to his family. Subsequently, she moved another petition in the PHC in 2014. But before the PHC could take up the plea a military court had convicted and condemned Gul to death.
In her petition, Ali’s mother told the apex court that her son was a tenth-grader at the Malakand Public School in Sersenai village when a Jirga had handed him over to the army on September 21, 2009. The Jirga and the family had been assured that Ali would be released after a court appearance.
Instead, Ali went missing. His family took up the issue on various legal forums, including the Supreme Court, but to no avail. They were told that Ali had been sentenced to death. They filed a petition in the PHC against the sentence but it was dismissed, forcing them to approach the apex court.
Arguing on behalf of the two women, their attorney Asma Jahangir claimed that the military authorities had not followed due legal process in sentencing the two men. The military authorities had neither allowed the two men access to counsels nor had the families been provided records of the trials, she said. Adjourning proceedings till December 16, the court sought records of the cases from the military authorities.
Court martial cases
Another three-judge bench of the apex court – headed by Justice Mian Saqib Nisar – meanwhile sent 12 court martial cases of serving military officials to the high court for examining whether the acts were committed with mala fide intent.
Published in The Express Tribune, December 8th, 2015.