SC Supercedes Military Court by Halting 6 Death Sentences
ISLAMABAD: The Supreme Court Bar Association (SCBA) plea has been approved by the Supreme Court on Thursday giving out a stay order on six militants execution charges awarded by military courts.
On April 2, Military Courts had passed the death verdict over Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir.
Chief Justice of Pakistan Nasirul Mulk headed the 17-judge bench, heard the case in the apex court today (April 16).
The court’s short order stated that the death warrants of terror convicts awarded by the military courts in the future will also be suspended.
Chief Justice of Pakistan Nasirul Mulk said the trial of the convicts was not public, while it were just death sentences that were public.
Counsel for SCBA Asma Jahangir stated that she can produce the affidavits of the family members of the convicts, proving that they were made aware about the black warrants through media.
The court adjourned the hearing of the case until next week.
The SCBA had filed an application through Asma Jahangir, requesting the apex court pass an interim order staying execution of the men convicted by the military courts till the final disposal of the constitutional petition.
It also prayed that as the guardian of the Constitution the apex court has to ensure the fundamental rights.
“The recent trials of military courts are neither public nor transparent and military courts do not ordinarily observe principle of due process thus the apprehensions of the petitioner are genuine and have merit,” read the plea.
Critics have raised questions about how fair and accountable the military courts are.
The military courts, established through a constitutional amendment under the National Action Plan, this month only have sentenced six “hard core terrorists” to death and a seventh to life imprisonment.
Nine military courts were established in January, after militants attacked a school in Peshawar, killing 134 pupils and 19 adults. Amid popular pressure to crack down on militants after the school attack in December, Prime Minister Nawaz Sharif championed the new courts in parliament and lifted a moratorium on the death penalty.
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