ISLAMABAD: The Supreme Court (SC) on Wednesday detained the Peshawar High Court (PHC) from issuing a temporary order relating to the release of bailed 290 militants convicted by military courts for their involvement in various terrorist activities in the country.
The bench consisted of two people from the top court consisting of Judge Mushir Alam and Judge Qazi Muhammad Amin Ahmed hearing the Ministry of Defense’s request to pray to hold the Peshawar High Court from issuing an interim order relating to release with the guarantee of 290 militants convicted by military court.
Attorney General Khalid Javed was brought to trial if the PHC provided guarantees, there would be irreparable losses. The court directed the PHC to proceed according to ability when conducting trials into instant matters on June 16 but until then it should not have issued a temporary order relating to the release of 290 militants and postponed the trial until next Monday.
Head of the Puskesmas Justice Waqar Ahmad Seth is currently listening to an appeal filed by 290 suspected militants and their facilitators convicted by military court.
Previously, the Department of Defense had asked PHC to form a bigger bench because of conflicting views from different benches on this issue. However, PHC has rejected the request.
Meanwhile, the Ministry of Defense approached the Supreme Court, challenged the PHC order and prayed to hold the high court so as not to issue a temporary order to release convicted militants.
On Wednesday, the court also knocked another appeal from the Department of Defense to the PHC ruling that acquitted around 73 people, who were convicted by a military court.
The three-person bench at the top court was led by Judge Mushir Alam and consisted of Judge Mazhar Alam Khan Miankhel and Judge Yahya Afridi a few days ago taking material. During the trial, Judge Afridi said that he and Judge Alam had been part of the PHC when issuing orders against sentences by the military court so that they could not hear the appeal immediately.
Attorney General Khlaid Javed, however, stated that this issue was more important than a request to seek the formation of a larger bench because the high-educated court also heard requests for convict guarantees and a new crisis could emerge.
He asked the court to refer the matter to the Chief Justice of Pakistan’s Supreme Court to form another bench. At this time, the court has referred the matter to the CJP and on Wednesday two new members consisting of Judge Mushir Alam and Judge Qazi Muhammad Amin Ahmed heard the matter.
The court held the PHC from issuing an interim order relating to the release of 290 militants convicted by a military court for their involvement in various terrorist activities in the country and adjourned further hearings until Monday.