ISLAMABAD - Taking benefit of the Supreme Court Full Court’s judgment on 21st Amendment, a convict, who was awarded death sentence by a military court, moved the Supreme Court for reviewing the sentence.

Zahir Shah, father of death-row convict Haider Ali, on Saturday filed a petition in the Supreme Court under Article 184(3) of Constitution.

Haider Ali, a 20-year-old youngster from Swat, was awarded death sentence along with five others, including Noor Saeed, Murad Khan, Inayatullah, Israruddin and Qari Zahir on April 2 while the seventh accused, Abbas was given life imprisonment. Chief of Army Staff General Raheel Sharif had confirmed the sentences.

The apex court in its judgment though accepted the establishment of military courts under 21st Amendment and Pakistan Army (Amendment) Act 2015 as temporary measure for the trial of terrorists accused of offences, including waging war against Pakistan, said the trial is subject to judicial review.

However, the ten judges’ verdict is; “To select, refer or transfer the case of any accused person for trial under the Pakistan Army Act, 1952, as amended is subject to judicial review both by the high courts and by this Court inter alia on the grounds of coram-non-judice, being without jurisdiction or suffering from mala fides, including malice in law.”

On the other hand, six judges, including Justice Jawwad S Khawaja, who is the next chief justice, have rejected the death sentence awarded by the military courts and termed all the trials conducted and the appeals decided by the military courts as non est.

The petitioner has made Federation of Pakistan through Secretary Defence, Rawalpindi, GOC Malakand Division at Khwazakhela, Swat, In-charge Interment Centre at Paithom, Guilibagh, District Swat, government of Khyber Pakhtunkhwa through Secretary Home and Tribal Affairs, Civil Secretariat, Peshawar, Inspector General Prisons, government of Khyber Pakhtunkhwa and Superintendent District Jail Timergera, Lower Dir as respondents.

The petitioner prayed the apex court to direct the respondents to provide him copy of all the necessary documents of proceedings pertaining to his son Haider Ali, who has been convicted and sentenced to death by the military court Swat so that he can file a petition in the High Court or Supreme Court of Pakistan against the judgment of the military courts.

The petitioner said that the recent judgment passed in Constitutional petitions, legal right of the accused to file petition against illegalities of the military courts under 21st Amendment are not prohibited, although the fact is that by avoiding to deliver necessary copies of documents to the convict or his authorised persons is departure from fundamental right of the convict to be dealt with in accordance with law and is also against Article 10-A of the Constitution which guarantees fair trial.