PHC issues stay order against school teachers' polio duty

PESHAWAR: Peshawar High Court (PHC) has set aside the life imprisonment awarded to a man by the former political administration of Khyber and acquitted him of charges of waging war against the state.

A two-judge bench of PHC headed by Chief justice Waqar Ahmad Seth issued the verdict after hearing a writ petition filed the family of Jan Badshah, a resident of tribal district Khyber through senior lawyer Shabir Husain Gigyani.

Badshah was convicted on Oct 2, 2018, by the political administration of Khyber. He was sentenced to life imprisonment for conspiracy and waging war against the state. Badshah was accused of having links with the banned outfit Lashkar-e-Islami and was involved in several attacks against the security forces including kidnapping and killing of a member of a peace committee.

However, his attorney told the court that there was evidence presented against the accused neither he was given a free and fair trial which is the right of every accused under the law and constitution of the country.

Gigyani added that the accused was taken into custody in Oct 2016, while he was handed over to the administration of Khyber in 2018 after he remained in illegal custody which is a violation of human rights and laws of the country.

The Lawyer argued that there is no evidence available on record which shows that Badshah was involved in such attacks for which he was accused. He added that there was only a report of the joint investigation team, which merely said that he was involved in crime against the state, which furnishing any evidence.

The lawyer added the council of elders constituted by the former political administration of Khyber has also said that he was not actually involved in attacks but have worked as driver of the proscribed organization for some days.

It was concluded the security forces would not hand him over to the administration if he was a terrorist. The court after the hearing the arguments of the petitioner has set aside the punishment granted by the political administration.  The new administration of Khyber district, if want, can conduct his tribal in regular courts.


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