The counsel said neither of them has been given the right to a fair trial nor is it known what crimes they have been awarded death penalties for. PHOTO: REUTERS/FILE
The bench also issued a notice to the federal government to file a reply by the next hearing.
The bench, comprising Justice Yahya Afridi and Justice Waqar Seth, stayed the execution on judicial review appeals filed by three convicts Tayyab, Muhammad Ayaz and Azizur Rahman through their counsels Ghulam Mohiuddin Malik and Arif Jan.
When hearing commenced, the petitioners’ counsels said the applicants were awarded death sentence by military courts and the sentences were approved by Chief of Army Staff General Raheel Sharif on July 14, 2015.
They said the applicants were neither given a chance to defend themselves nor given the right to a fair trial. Malik said Tayyab went missing from Abbottabad on October 30, 2014 and his whereabouts were unknown since then.
The counsels said Muhammad Ayaz — who was a resident of Barikot, Swat — was arrested from a security checkpoint in 2009 and was transferred to different places from time to time. Applicants’ counsels said even his family members were not allowed to meet Ayaz.
The counsels argued Azizur Rahman, who was a resident of Matta, Swat was arrested by the security forces in 2010.
They said family members of the convicts came to know through the media that they have been awarded death sentences and the army chief has approved their execution.
The counsel said neither of them has been given the right to a fair trial nor is it known what crimes they have been awarded death penalties for.
They requested the court to declare the verdict null and void. However, the bench stayed their executions and sought replies from the federal government.
Published in The Express Tribune, July 20th, 2016.
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