PHC suspends death penalty awarded by military court

[Devil Soul]

PHC suspends death penalty awarded by military court
ALI AKBAR — PUBLISHED 7 MINUTES AGO

PESHAWAR: The Peshawar High Court (PHC) on Tuesday suspended the execution of a death-row prisoner, who was sentenced to death by a military court after he was found to be involved in terrorism.

Haider Ali, now 21 years old, was arrested by security forces in 2009, when he was 14 years old and a 10th grade student at the Malakand Public High School, Swat.

Ali's hanging was suspended after his parents filed a petition in PHC, challenging his death sentence.

Read: PHC moved against conviction of ‘10th grader’ by military court

His parents maintained in the petition that their son was arrested by security forces in 2009 on charges of terrorism, but they did not have any information about him after the arrest.

It was only recently, six years after Ali's arrest, that they found out their son was imprisoned in a jail in Timergara, in Lower Dir district, and was sentenced to death by a military court, the parents said in the application.

Therefore, the implementation of the military court's verdict should be immediately stopped, the petition said.

Announcing the court's decision on the petition, a two-judge bench of the PHC comprising Justice Musarrat Hilali and Justice Younis Theem ordered to halt implementation of the military court's verdict of Ali's death sentence until September 8.

The court subsequently adjourned the hearing while issuing notices to the federal government, defence secretary, home secretary, General Officer Commanding Malakand and other concerned officers.

Earlier on Saturday, the Supreme Court office declined to entertain a petition moved by Zahir Shah, the father of Haider Ali, in which he sought orders for the authorities to provide the record of the trial court proceedings so that a proper appeal challenging the judgment of the military court could be filed either before the Supreme Court or the high court.

Examine: SC refuses to admit plea seeking record of military court verdict

Advocate Zulfikar Ahmed Bhutta filed the petition before the Supreme Court on behalf of Mr Shah.

On Saturday, the Supreme Court registrar returned the plea to the petitioner on the grounds that he had not approached the high court concerned or any other appropriate forum available to him under the law for the same relief.

The Parliament passed the 21st Amendment and the Pakistan Army Act, 1952, to establish the special courts after the massacre in the Army Public School, Peshawar, last year.

On April 16 the apex court had suspended executions of six militants who were awarded death sentence by these military courts.

Also read: SC stays military courts executions

Earlier in August, the Supreme Court in a majority ruling upheld the establishment of military courts in Pakistan.

Know more: Military courts get Supreme Court nod

While dismissing petitions challenging the 21st amendments, a 17-judge full court of the Supreme Court, in a majority judgment, had reaffirmed that any order passed, decision taken or sentence awarded by the military courts will be subject to judicial review by the high courts and the Supreme Court on the grounds of being coram-non-judice, without jurisdiction or suffering from mala fides including malice in law.

 

[Jf Thunder]

Yay, finally our true terrorist sympathizer Justice system comes into effect to save the terrorists.

 

[TheNoob]

Parents that forgive their terrorist child are no less terrorist themselves.

 

[Lavrentiy]

Yay, finally our true terrorist sympathizer Justice system comes into effect to save the terrorists.

I commented in another thread that instead of establishing this nonsense of military courts, the terrorists should be dealt under-the-table so as to avoid this legal bullshit.

 

[Jf Thunder]

I commented in another thread that instead of establishing this nonsense of military courts, the terrorists should be dealt under-the-table so as to avoid this legal bullshit.

exactly, but this is being done to sooth the people who lost their loved ones, the terrorists should be hung in public, specially the APS ones, so the others know that we arent just f*cking around

 

[Shamain]

exactly, but this is being done to sooth the people who lost their loved ones, the terrorists should be hung in public, specially the APS ones, so the others know that we arent just f*cking around

This is PESHWAR hc ,peshawar where APS happened.

These ppl are worst than india.
No one is shooting their kids in eyes and faces so they dont know the pain.

 

[Kakaspai]

on one hand there are parents like these and on the other hand there are parents who lost their son fighting these terrorist.Who to Sympathize with you decide ?

exactly, but this is being done to sooth the people who lost their loved ones, the terrorists should be hung in public, specially the APS ones, so the others know that we arent just f*cking around

the decisions until now do show that we are just f***ing around

 

[Jf Thunder]

This is PESHWAR hc ,peshawar where APS happened.

These ppl are worst than india.
No one is shooting their kids in eyes and faces so they dont know the pain.

hang the judges?

 

[Shamain]

hang the judges?

Take them to shawal valley and dump before terrorists.

 

[SLR722]

I agree that Military courts are the solution to our current problem. Terrorists should be hanged. But not all the cases are same.
We should not be blinded by the hatred. He was caught when he was only 14 years old. I wonder how many innocent people he had killed at that age. Or was he caught simply beacuse he was undergoing training at a terrorist camp? If terrorists apprehended during ZeA can undergo de-radicalization, then why not this guy(only if he has not killed anyone).
If he is a murderer, he must be hanged. But what if he is not? :/

 

[Vortex]

From which âge we consider a person responsible of his own acts ?

 

[Lavrentiy]

This is PESHWAR hc ,peshawar where APS happened.

These ppl are worst than india.
No one is shooting their kids in eyes and faces so they dont know the pain.

If I were a judge, I too would never like some army officer giving decisions. Naturally, I would protect my powers and support my institution i.e. the judiciary. It's an ego issue as well.
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The solution is simple: Extra-judicial killings but NO MILITARY COURTS.

If I were a judge, I would have no problems with terrorists being executed but I certainly would have problems with some army officer interfering with my work.

 

[tarrar]

Courts under the corrupt politicians rule have never done anything good for Pakistan, they have only become obstacles in the way of peace.

 

[krash]

If I were a judge, I too would never like some army officer giving decisions. Naturally, I would protect my powers and support my institution i.e. the judiciary. It's an ego issue as well.
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The solution is simple: Extra-judicial killings but NO MILITARY COURTS.

If I were a judge, I would have no problems with terrorists being executed but I certainly would have problems with some army officer interfering with my work.

Then the same judge should also grow the balls to do his work and convict terrorists so that there isn't any need of military courts. These "judges" have released terrorists who were caught while actually shooting at the Pakistani military on the grounds of insufficient evidence....

 

[angelandsoul]

the kid should not be hanged under any circumstances, you cant catch someone at 14 yrs old then hang him 6 or 7 years later, it will be a great sin. He must be rehabilitated. Someone at 14 is not responsible 100% for their actions yet.