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July 13, 2018

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PHC stays execution of another terrorist

PESHAWAR: The Peshawar High Court (PHC) on Thursday stayed execution of another alleged terrorist who had been awarded death sentence by a military court on terrorism charges.

A two-member bench comprising Justice Qalandar Ali Khan and Justice Arshad Ali suspended the death sentence. It issued a notice to the federal government through Ministry of Defence to submit record of the case. The court suspended the death sentence of Jannat Karim in a review petition filed by his paternal uncle Ihsanullah.

The petitioner's lawyer Shabir Hussain Gigyani submitted before the bench that the convict was a motorcycle mechanic and was arrested by station house officer Diana, Hangu on March 28, 2011.

The petitioner claimed that after keeping Jannat in three days illegal confinement, the station house officer handed him over to security forces. He said his brother Gul Shirin filed writ petition for safe recovery of the convict in 2011.

The petitioner submitted that after keeping the convict in illegal confinement of one year, he was shifted to the internment centre at Kohat. Ha said the family members came to know through media that the convict was awarded death sentence by military court on July 3, 2018.

Furthermore, the lawyer questioned whether the military court was justified to conduct trial of the convict who was in custody in 2011 and tried in military court established in 2015 through amendment in the Military Act. The lawyer raised legal questions over the trial of the convict including fair trial under Article 10A of the Constitution.

As per the ISPR, Jannat Karim along with two other convicts Abu Bakar and Anwar Khan were members of a proscribed organisation. "They were involved in attacking law-enforcement agencies, which resulted in death of five police officials and three civilians. They were also found in possession of explosives. These convicts admitted their offences before the magistrate and the trial court. They were awarded death sentence," the ISPR stated.

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