SC halts release of 73 terror convicts

Case adjourned indefinitely


Our Correspondent November 09, 2018
Supreme Court of Pakistan. PHOTO: AFP

PESHAWAR: The Supreme Court (SC) on Friday restrained authorities from releasing 73 individuals convicted by military courts on terrorism charges, Express News reported.

The release of the convicts was earlier ordered by the Peshawar High Court (PHC).

A two-member bench presided by Justice Sheikh Azmat Saeed heard the case and instructed authorities to halt the convicts' execution till final judgement in the case.

During the hearing, Additional Attorney General Sajid Ilyas Bhatti stated that the PHC did not review the facts of the case correctly.

The convicts were involved in terrorism and the military court’s sentences should be restored, said the court. The next hearing has been adjourned indefinitely.

SC halts release of 73 military court convicts

Earlier in November, the SC restrained authorities from releasing over 70 individuals who were convicted by military courts on the charge of militant activities.

The Ministry of Defence had filed an appeal against the PHC verdict that set aside convictions of 73 persons convicted by military courts on terrorism charges including suicide attacks and killing of law enforcement personnel and civilians.

AAG Bhatti had appeared before the bench and stated that the cases which have been dealt under Army Act could not be considered through ordinary laws, adding that the PHC while deciding the matter overlooked certain principles.

After a brief hearing, the bench restrained the federal government to release individuals. The bench while issuing respondents has adjourned the hearing for an indefinite period.

It is pertinent to note that PHC suspended the convictions awarded by military courts in various cases. Chief of the Army Staff had confirmed the death sentence of the convicts, however, the families of the convicts had challenged the order in the court which stayed their execution.

Death sentence of military court convict halted

After the end of the three-day hearing on Oct 18, the court had accepted the petitions filed mostly by close relatives of the military court convicts majority of whom were sentenced to death on account of different acts of terrorism.

The bench observed that the entire judicial confessional statements recorded in Urdu were ‘in one and the same handwriting and in one specific tone/style’.

“It is admitted at the bar that for Khyber Pakhtunkhwa there were in all three Field General Court Martial courts and each and every document on file would show that all the three courts were functioning on one and the same pattern not even a single accused has deviated differently to the questions put on him,” it pointed out.

The bench said the questions put to all accused were same with exactly the same answers in all cases also for the purpose of engaging a private counsel “The same format would reflect there were planned proceedings in all the said three courts.”

“It is observed from the record, so produced that they have erased each and every date, the names of the prosecution’s witnesses, their designations, and many other things.

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