Judicial review: PHC suspends execution order of militant

The militant was was awarded death sentence by a military court

PESHAWAR: The Peshawar High Court has suspended the execution order of a militant who was awarded death sentence by a military court, and sought the records of the case.

A division bench, led by PHC Chief Justice Mazhar Alam Khan Miankhel, suspended the sentence, while hearing a judicial review appeal on Tuesday. The appeal was filed by Bakhtsiara, mother of convicted Rizwanullah, through her lawyer Advocate Arif Jan.

Jan told the bench the petitioner’s son was handed over to security forces in 2009 by a jirga and was kept at a detention centre in Swat.

He said Rizwanullah was also allowed to meet his family members. The family later came to know through the media that he was awarded death sentence by a military court on charges of attacking security forces.

According to Jan, the chief of the army staff also approved his death sentence, while his family tried to obtain record of the case but they were refused by the authorities.

He argued the sentence was awarded with mala fide intentions as the family members were not provided records of the case. In addition, the petitioner was not given a chance to defend himself.

The petitioner’s counsel requested the bench to declare the sentence void after which the bench suspended the sentence and sought records of the case within 14 days.

However, according to ISPR, the convict was an active member of a banned outfit. He killed a civilian, kidnapped a WAPDA employee and attacked armed forces. He was also in possession of firearms and explosives. He also confessed to committing the offences before the magistrate and the trial court. He was tried on five charges and awarded death sentence.

Published in The Express Tribune, May 18^th, 2016.