The Supreme Court on Wednesday stayed execution of an accused awarded death sentence by the military trial court upheld by the Rawalpindi Bench of the Lahore High Court on the charges of plotting to assassinate President General Pervez Musharraf by bomb explosion.
The Supreme Court Bench comprised Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry and Justice Mian Shakirullah Jan.
When the court took up the petition on Wednesday for regular hearing, advocate Mohammad Akram and Hashmat Habib, counsels for petitioner Mushtaq Ahmad sought stay on the execution submitting that their client had to be hanged on Wednesday.
The court granted stay on the execution, however pointed out that the petition was wrongly filed under Article 184 (3) of the Constitution, which deals with the matters of violation of fundamental rights.
The court noted that the petition could not be filed under Article 184 (3) of the Constitution.
The counsels for the petitioner, however admitted their error and requested the court to allow them to file the petition afresh under Article 185 (3) of the Constitution, which is filed against the decisions of the High Court. The court stayed the execution by disposing of the petition as withdrawn and directed the counsels to file the petition afresh.
The accused, Mushtaq Ahmad, had to be hanged on Wednesday.
The remote control bomb was exploded under the bridge of Jhanda Cheechi, Rawalpindi just after the convoy of President General Musharraf had passed from the bridge.
Earlier on Tuesday, Justice Abdul Shakoor Paracha of the Rawalpindi Bench of the Lahore High Court had dismissed the appeal of the convict and upheld the death penalty.
Mushtaq Ahmed along with five others was awarded death sentence on the charges of plotting to assassinate President General Pervez Musharraf on December 14, 2003. The three others were convicted over a second failed plot on December 25, 2003.
Mohammad Akram, counsel for the appellant Mushtaq Ahmad contended that his client could not be tried under the military law as he was a civilian. One of the nine accused, who were tried, was hanged last year in the Multan jail.
The alleged plotters had wired a remote controlled bomb to a bridge on President Musharraf's regular daily route from Rawalpindi to Islamabad. The bomb had not detonated because of the jamming devices installed in the Presidential Motorcade, however it blew up shortly after the Presidential Motorcade had passed.
Only 11 days later, two suicide bombers tried to ram their explosives-laden cars into the presidential convoy. President Musharraf escaped unhurt but some of his escort vehicles were destroyed in the attempt. Several people, including the two suicide bombers were killed in the attack.
Mushtaq Ahmed was one of the six accused found guilty of involvement in the December 14 attack. All six were convicted by a military court in November 2004 under a law, which allows civilians to be tried in a military court if found to be involved in seditious activities. Four, including Mushtaq Ahmed, were sentenced to death, while the remaining two were awarded life imprisonment.
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