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Supreme Court stays execution of convict sentenced to death by military court
Haseeb Bhatti
July 24, 2017
50
6
The Supreme Court on Monday stayed the execution of a convict who was handed death sentence by a military court.
The accused, Mohammad Akbar, was convicted of murdering two soldiers in 2009. He had challenged the military court verdict in 2016.
A three-judge bench, headed by Justice Ejaz Afzal Khan, after staying the convict's execution, issued notices to the attorney general and the petitioner's counsel.
At the time of his arrest, five kilogrammes of explosives were also found from Akbar, whose appeal against the death sentence was dismissed by Peshawar High Court.
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The convict's counsel contended before the SC that the military court did not take legal provisions into consideration while handing down the punishment, adding that his client was not given the opportunity to defend himself.
The Supreme Court subsequently stayed the implementation of the execution order after suspending the military court's verdict. The hearing of the case was adjourned for an indefinite period.
Military courts
Military courts were disbanded on January 7, 2017, after the expiration of a sunset clause included in the legal provisions under which the tribunals were established.
However, on March 31, President Mamnoon Hussain gave his formal assent to the Pakistan Army Act 2017 and the 23rd Constitutional Amendment Bill ─ the two pieces of legislation aimed at granting legal cover to military courts ─ after they were cleared by the parliament.
The courts were subsequently revived and given legal cover from the day of their disbandment.
Haseeb Bhatti
July 24, 2017
50
6
The Supreme Court on Monday stayed the execution of a convict who was handed death sentence by a military court.
The accused, Mohammad Akbar, was convicted of murdering two soldiers in 2009. He had challenged the military court verdict in 2016.
A three-judge bench, headed by Justice Ejaz Afzal Khan, after staying the convict's execution, issued notices to the attorney general and the petitioner's counsel.
At the time of his arrest, five kilogrammes of explosives were also found from Akbar, whose appeal against the death sentence was dismissed by Peshawar High Court.
ADVERTISEMENT
The convict's counsel contended before the SC that the military court did not take legal provisions into consideration while handing down the punishment, adding that his client was not given the opportunity to defend himself.
The Supreme Court subsequently stayed the implementation of the execution order after suspending the military court's verdict. The hearing of the case was adjourned for an indefinite period.
Military courts
Military courts were disbanded on January 7, 2017, after the expiration of a sunset clause included in the legal provisions under which the tribunals were established.
However, on March 31, President Mamnoon Hussain gave his formal assent to the Pakistan Army Act 2017 and the 23rd Constitutional Amendment Bill ─ the two pieces of legislation aimed at granting legal cover to military courts ─ after they were cleared by the parliament.
The courts were subsequently revived and given legal cover from the day of their disbandment.
