ISLAMABAD - The Supreme Court Tuesday sought complete record of the military courts that awarded death sentences to four terrorists including two attackers of Army Public school, Peshawar.
Taj Muhammad and Aliur Rehman were convicted for facilitating the attack on the army-run school on December 16, 2014, while Qari Muhammad Zubair was awarded death sentence for his alleged involvement in the blast on a mosque in Nowshera and Muhammad Imran was convicted for firing on check post in Bajur Agency by the military courts last year.
A three-member bench, headed by Justice Sheikh Azmat Saeed, yesterday resumed hearing of the four convicts’ appeals against the Peshawar High Court judgment. The family members of the convicts had filed the writ petitions in the Peshawar High Court against the military courts judgment. However, the high court had dismissed them on the basis of insufficient material. They, therefore, approached the Supreme Court against the high court orders.
Attorney General Salman Aslam Butt along with Deputy Judge JAG branch Col Jamshaid appeared before the court and submitted that the appeals of Taj Muhammad, Aliur Rehman and Qari Muhammad Zubair have been dismissed in accordance with the Pakistan Army Act.
The AGP further informed that the appeal of Muhammad Imran is yet to be decided. Upon that the bench directed attorney general to inform the relatives of Muhammad Imran when his appeal is decided.
The AGP also submitted the record of convicts and stated this is only for the examination of the apex court. The court observed that the record of the trial court (military court) is not attached.
Sheikh Azmat said these applications were filed after the 21st Amendment, therefore, they are very careful. He said three grounds – qorum non judice, want of jurisdiction, mala fide – were set in the constitutional amendment for review of the military court judgments.
The counsels of two convicts Taj Muhammad and Qari Zubair did not appear. The judge observed that the matter is very sensitive hence they would not keep the case pending for long. A divisional bench of the apex court comprising Justice Dost Muhammad and Justice Qazi Faez Isa on February 09 had stayed their execution until February 16.
Aliur Rehman counsel contended that the order of the trial court was based upon mala fide intention. However, the AGP rejected this notion.
The court directing the AGP to submit complete record of the trial court pertaining to four death-row prisoners adjourned the hearing until February 23.