ISLAMABAD: Suspending on Thursday the death sentences awarded to six terrorists by the recently-established military courts under the 21st Constitutional Amendment, the Supreme Court granted a stay order, issuing a notice to the Attorney General for Pakistan in the matter.
A full court bench of 17 judges led by Chief Justice Nasirul Mulk resumed the hearing of 28 pleas against the 18th Amendment and establishment of the military courts under the 21st Constitutional Amendment.
Filing an application in the matter on April 16, Supreme Court Bar Association's (SCBA) counsel Asma Jahangir urged the Supreme Court to grant a stay order against the execution order of a military court for death sentences to those convicted till final adjudication of the pleas against military courts under the 21st Constitutional Amendment.
In its short order, the bench said that the execution of military courts death sentences, those which have already been awarded and those which will be awarded, are suspended till final disposal of the petitions in hand.
On April 2, a military court awarded death sentence to six including Noor Saeed, Haider Ali, Murad Khan, Inayatullah, Israruddin and Qari Zahir.
Appearing before the bench, Attorney General for Pakistan (AGP) Salman Aslam Butt opposed the pleas, arguing that death sentences were awarded after fulfilling the due process of law and meeting constitutional requirements.
Butt further apprised the court that all the prisoners do have a right to challenge black warrants under the Pakistan Army Act 1952, adding that constitutional amendment is not challengeable in any court and requested the bench to dismiss all the pleas filed against the Amendment.
Chief Justice Nasirul Mulk observed that it is difficult to determine whether or not due process was followed during the proceedings against the convicts and added that it has to be examined whether proceedings were carried out in accordance with the law.
Justice Asif Saeed Khosa remarked that in the past two executions were carried out even after the apex court had declared military courts unconstitutional.
Asma Jahangir told the court that there is plausible evidence that the family members of the convicts became aware of the black warrants only through media. Justice Mian Saqib Nisar observed that there is a procedure to confirm death warrants of a convict under the law. The hearing of pleas was adjourned till April 22.
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