PHC issues stay order against school teachers' polio duty

PESHAWAR: The Peshawar High Court (PHC) on Thursday granted bail to two accused militants charged by the erstwhile Political Administration under the Frontier Crime Regulation (FCR) for involvement in terrorist activities and waging war against the state.

The first order was issued by a two-judge bench comprising chief Justice Waqar Ahmad Seth and Justice Muhammad Ayub while dealing with the writ petition of convicted prisoner Amjid, a resident tehsil Bara, district Khyber.

Amjid has submitted his writ petition through his lawyer Shabbir Hussain Gigyani Advocate contending that he is innocent and there is no evidence available on the base of which he was granted a sentence of 14-year by political administration of former Khyber Agency.

Gigyani further argued that the accused was in ‘illegal detention’ of security forces since 2011 on the allegation of his connections with Tehrik-e-Taliban Pakistan (TTP) and waging war against the state and Armed forces. The lawyer added that he was then handed over to political administration in 2017 and thereafter was convicted and sentenced by APA Bara to 14-years and fine of 02 lacs under Sections 121 and 122 Pakistan Penal Code (PPC) and section 11 of the Frontier Crime Regulations on September 13, 2018.

The bench after the lawyers’ arguments accepted his petition and granted bail to the accused on furnishing two sureties of 05 lacs each. The bail was granted on the ground of lack of proper evidence and nonfunctioning of any regular courts due to the merger of erstwhile FATA with Khyber Pakhtunkhwa and repealing of the Frontier Crime Regulations.

Similarly in another case, a two-judge bench of the PHC comprising Justice Musarrat Hilali and Justice Ishtiaq Ibrahim Khan while dealing with the writ petition of convicted prisoner Akhter Nawaz, a resident of Bara, district Khyber and granted him bail on furnishing two sureties of 05 lacs each.

Nawaz’s attorney Shabier Hussain Gigyani argued in the court that his client was in ‘illegal detention’ of the security forces since 2014 on allegations of connections with the TTP and waging war against the state and Armed forces. He was then handed over to the political administration in 2017 and thereafter was convicted and sentenced by Assitant Political Agent Bara to 14 years and fine of 04 lacs under section 121 / 122 PPC and section 11 FCR.

The bail granted on the ground of lack of proper evidences and the nonfunctioning of any forum or regular courts after the merger of tribal districts and repealing of the FCR.

 

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