Attacking security forces: PHC stays death sentence of terror convict

Lawyer contends that the convict was not given a fair trial

PESHAWAR: A high court on Monday suspended the death sentence of a man convicted by a military court for his involvement in terror attacks on security forces in the province.

This was directed by a bench of the Peshawar High Court (PHC), comprising Justice Ikramullah Khan and Justice Ayub Khan, while hearing a writ petition filed by Yar Wali, a resident of Landikotal, through Fazal Mula advocate.

Wali told the court that his son Mujahid had been missing for the past six years and that his family had been searching for his whereabouts until August 17 when they received word that Mujahid, among 15 others, had been sentenced to death sentence by a military court for his alleged involvement in attacks on security forces in Khyber.



Mula argued before the court that Mujahid had not been given a fair trial, which is his basic constitutional right, including access to a lawyer who can defend him in the court against the allegations levelled against him.

As interim relief, Mula urged the court to suspend the sentence announced by the military court and direct the respondent to submit replies in the case.

The bench accepted his plea and paused the death sentence and directed the respondents, including the president of the military court, the government of Pakistan through the chief secretary, In-charge of the internment centre in Kohat and the superintendent of the Kohat Jail to submit replies to the petition and adjourned the case.

 

Published in The Express Tribune, September 18^th, 2018.