Notices in military courts convictions issued

Express Tribune

21 hours ago

Fateh Khan, Fazal Ghaffar and Tajir Gul had been convicted of carrying our terror attacks in the country by military courts. CREATIVE: AAMIR KHAN
A two-member bench of the Peshawar High Court (PHC), comprising Justice Sahibzada Asadullah and Justice Khurshid Iqbal, has issued notices to the relevant authorities in response to appeals filed by individuals convicted by military courts in connection with the May 9 riots. The appellants hail from Bannu, Chakdara, and Balambat in Lower Dir, and their legal counsel has challenged the legality and transparency of their convictions.
The appeals, filed against the sentences handed down by military courts under the Field General Court Martial (FGCM), argue that the convicts were denied a fair trial and not provided with verdict copies or related legal documents. During the hearing, the appellants were represented by Barrister Amirullah Chamkani, who told the court that the convictions and subsequent prison terms – ranging from two to 10 years – were based on allegedly unlawful trials.
According to Chamkani, his clients include Rahimullah, Izzat Gul, Naik Muhammad, Khalid Nawaz, Ikramullah, Ameenullah, Saqlain Haider, Khizar Hayat, and Afaq from Bannu, who were sentenced to 10 years each. Sohrab Khan and Asadullah Durrani from Balambat received two-year terms, while Rais Ahmad and another individual named Ikramullah from Chakdara were sentenced to four years. All were charged under the Anti-Terrorism Act (ATA) for allegedly protesting against the arrest of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and damaging state properties, including security installations and police stations.
The lawyer noted that although similar charges were faced by other protestors, many of them were tried in anti-terrorism courts and were acquitted due to lack of evidence. In contrast, the current appellants were handed over to military courts without any explanation, raising serious concerns about selective prosecution and lack of due process.
He emphasized that under Pakistan's Constitution, specifically Article 10-A, every citizen is entitled to a fair trial and access to necessary legal documentation, including a written copy of the verdict.
However, the appellants were neither given formal charges nor informed of the exact nature of their alleged offenses. Chamkani argued that the appellants only became aware of their sentences after the statutory period for appeal had lapsed, effectively denying them their legal right to challenge the convictions in a timely manner.
Moreover, he pointed out that none of the appellants were directly named in the original FIRs; their names were added at a later stage without any disclosed basis. Despite several efforts to obtain clarity from authorities and request documentation, their concerns have been met with silence, further undermining the legitimacy of the process.
Citing a recent Supreme Court observation, the counsel stressed that while military trials of civilians were upheld, the apex court maintained that such convicts must have the right to appeal. Since no appeal forum currently exists for military court convictions, he asserted that the high court has jurisdiction to hear the matter.
Concluding his argument, Chamkani requested the court to declare the military court convictions null and void and to direct that the cases be tried afresh in accordance with civil laws and constitutional guarantees.
After hearing the preliminary arguments, the PHC issued notices to the Secretary of Defence, the Field General Court Martial, the federal government.