PHC rejects all petitions against convictions to military courts

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The High Court of Peshawar rejected all the petitions contesting the convictions pronounced by the military courts.

A bench of two members including judge Naeem Anwar and judge Dr. Khurshid Iqbal heard 29 petitions of brief against the convictions of the military court.

The court ruled that the convictions pronounced by the military courts would be considered as effective only signed by the general court of land.

During the hearing, the lawyers for the petitioners, the additional prosecutor General Sanaullah and the assistant of the court Shamil Ahmad Butt were present.

Petitioners’ lawyers argued that convicted people had already served their sentence in police custody and were to be released in accordance with the law, which counts the time spent in police custody in the context of their sentence.

The additional prosecutor general informed the court by virtue of special laws, the accused does not benefit from the provisions of article 382-B, which provides early release after serving part of the sentence.

He also specified that the convicts were terrorists and were not entitled to any leniency.

The additional prosecutor general stressed that previous decisions of the largest bench in the High Court in Peshawar and other benches had established that the sentences under special laws did not allow the benefit of article 382-b.

The convictions would only start from the date on which the General Court of the Land signs them.

He added that the convictions imposed by the general court martial on the ground were the jurisdiction of the special law and that the High Court examines only if the convictions comply with the relevant sections under the law of the military courts.

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