Judicial review: PHC suspends death sentence of militant

PESHAWAR:

The Peshawar High Court on Tuesday suspended the death sentence of a militant and issued notice to the Ministry of Defence and Ministry of Interior.

A divisional bench headed by Chief Justice Mazhar Alam Khan Miankhel also issued notices to the attorney general and advocate general and the case record from the military court which imposed the sentence.

Hearing a judicial review petition filed by Zor Ameer, brother of convicted militant Bakht Ameer, through his counsel Asad Zeb Khan, the bench was informed that Bakht Ameer, a resident of Charbagh Swat was handed over to the Pakistan Army in 2009.

The petitioner claimed that Ameer was then shifted to an internment center in Swat and his family members were allowed to meet him three times last year. He argued that no FIR or criminal case whatsoever had been registered against the petitioner’s brother nor was he produced before any court or other judicial forum so far.

He maintained that his family came to know through media reports on March 16 that Ameer was among those militants awarded death sentences.He maintained that almost all fundamental rights of the accused have been violated.

The petitioner contended that in light of the 21st constitutional amendment a terrorist’s trial could be conducted in military courts provided that he ‘uses violence in the name of religion.’

“Had there been any such allegations against him the authorities would have nominated an FIR against him during the last six years of his confinement,” he argued.

He further claims that as per the SC judgment regarding the 21st Amendment, a verdict of the military courts in cases of civilians were subject to judicial review. He prayed to declare the military court verdict as illegal, unconstitutional and that it be set aside.

The bench after hearing arguments suspended the death sentence and issued notices to the respondents including deputy attorney general, advocate general, MoD and MoI to file replies in response.

Published in The Express Tribune, March 23^rd,  2016.