Military courts: SC summons trial record of four death-row convicts

Two were allegedly involved in the 2014 Army Public School attack


Hasnaat Malik February 17, 2016
PHOTO: AFP

ISLAMABAD: The Supreme Court has summoned the complete trial record of four convicts tried by military courts, including two attackers of The Army Public School, Peshawar.

Taj Muhammad and Aliur Rehman were convicted by the military courts for facilitating the attack on the army-run school on December 16, 2014. Qari Muhammad Zubair was awarded a death sentence for his alleged involvement in a bombing of a mosque in Nowshera while Muhammad Imran was convicted for firing on a check post in Bajur Agency.

Top court seeks report on death row convicts

A three-judge bench of the SC, headed by Justice Sheikh Azmat Saeed, on Tuesday resumed hearing the four convicts’ appeals against the Peshawar High Court judgment. The family members of the convicts had filed the writ petitions in the Peshawar High Court against the military courts judgment. However, the high court dismissed them on the basis of insufficient material. They therefore approached the Supreme Court against the high court orders.

During the hearing, Justice Sheikh Azmat remarked that the appeals against military court orders were being filed after 21st constitutional amendment as they are very careful.

He also said three grounds – coram non judice, want of jurisdiction, mala fide – were set in the constitutional amendment for review of the military court judgments.

Attorney General Salman Aslam Butt along with Deputy Judge JAG branch Col Jamshaid appeared before the bench and submitted that the appeals of Taj Muhammad, Aliur Rehman and Qari Muhammad Zubair have been dismissed in accordance with Pakistan Army Act.

The AGP further stated that the appeal of Muhammad Imran is yet to be decided, upon which the bench directed AGP to inform the relatives of Muhammad Imran when his appeal is decided.

The AGP also submitted the record of convicts and stated this is only for the examination of the apex court. The court observed that the record of the trial court (military court) is not attached.

SC halts execution of death row convict

The attorneys of two convicts Taj Muhammad and Qari Zubair did not appear. The court observed that the matter is very sensitive hence they would not keep the case pending for too long. A divisional bench of the apex court comprising Justice Dost Muhammad and Justice Qazi Faez Isa on February 9 had stayed their execution until February 16.

Aliur Rehman counsel contended that the order of the trial court was based upon mala fide. However, the AGP rejected this contention.

The court directed the AGP to submit complete record of the trial court pertaining to the four death-row prisoners and adjourned the hearing until February 23.

Meanwhile, a larger bench of the Supreme Court will examine whether those convicted by military courts have been provided a fair trial as per their rights or not on Wednesday (today).

Published in The Express Tribune, February 17th,  2016.

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