Humayun Khan :
A divisional bench of Peshawar High Court (PHC) comprising Justice Sahibzada Asadullah and Justice Fazal Subhan has dismissed petitions filed by three convicts, upholding the sentences awarded to them by a military court, on Wednesday.
The petitions were filed by Izzat Begum, Dilshad Begum, and Bakht Nasiba, challenging the sentences awarded to their family members by a military court.
The convicts, Sher Rahman, Syed Usman Shah, and Umar Ali, were sentenced to 20 years, 16 years, and life imprisonment, respectively, on charges of having links with banned organizations.
The petitioners claimed that the convicts were civilians and could not be tried under the Army Act. They argued that the sentences were unconstitutional and that the military court had failed to follow due process.
The petitions also claimed that the convicts had been in custody for over 15 years and had not been provided with the right to choose their own lawyers.
The Additional Attorney General, Sana Ullah, argued that the convicts had been tried and sentenced in accordance with the law. He stated that the military court had followed due process and that the convicts had been provided with their chosen lawyers.
Additional Attorney General also argued that the convicts had confessed to their crimes before a judicial magistrate and that the sentences were based on solid evidence.
PHC divisional bench comprising Justice Sahibzada Asadullah and Justice Fazl Subhan, dismissed the petitions after hearing arguments from both sides. The court held that the military court’s sentences were lawful and that the petitioners had failed to demonstrate any irregularities in the trial.
The court also noted that its powers of judicial review in such cases are limited to examining whether the trial was conducted in accordance with the law and whether any irregularities had occurred.
