Right To Counsel-P L D 2019 Peshawar 17

P L D 2019 Peshawar 17
Before Waqar Ahmad Seth, C.J. and Lal Jan Khattak, J
ABDUR RASHID---Petitioner
Versus
FEDERATION OF PAKISTAN through Secretary Ministry of Iterior and 6 others---

Respondents
Writ Petition No.536-P of 2018 and other connected petitions, decided on 18th October, 2018
(a) Pakistan Army Act (XXXIX of 1952)---
----S. 97---Constitution of Pakistan, Arts. 184(3) & 199---Order/sentence passed by military

court---Judicial review---Scope---Any order/sentence passed by any forum including military
courts, was open for judicial review under Art.199 of the Constitution before the High Court and
under Art.184(3) before the Supreme Court on grounds of jurisdiction, mala fide, malice in law,
infringements of rights, violation of law, non-treating as per law and unfair trial.
District Bar Association, Rawalpindi and others v. Federation of Pakistan PLD 2015 SC
401 and Said Zaman Khan and others v. Federation of Pakistan through Secretary Ministry of
Defence and others 2017 SCMR 1249 ref.
(b) Pakistan Army Act (XXXIX of 1952)---
----S. 97---Constitution of Pakistan, Art. 199---Order/sentence passed by military court---Judicial

review by the High Court---Scope---High Court, in its constitutional jurisdiction had the legal
mandate to positively interfere with the decision of the military courts, on certain fundamental
grounds i.e. if the case of the prosecution was based on no evidence, or insufficient evidence, or
absence of jurisdiction, or malice of facts and law. Muhammad Ayaz v. Superintendent
District Jail
Taimergara, District Lower Dir and 3 others PLD 2018 Pesh. 1 ref.
(c) Pakistan Army Act (XXXIX of 1952)---
----S. 59---Constitution of Pakistan, Art. 10A---Civil offences---Attacking law enforcement

agencies and armed forces, abetment in attacking armed forces and law enforcement agencies,
causing death of a person, abetment in causing death and injury, possessing explosives, overawe
section of the public---Appreciation of evidence---Belated confessional statements given after
lengthy confinement in military internment centres---Cases of no evidence based on malice---
Denial of right to engage private defence counsel---Several accused persons were tried in
military courts on charges of being involved in terrorist activities---All of them allegedly
confessed to their guilt and accordingly were awarded sentences of death by the military
courts---Perusal of entire record in each and every case showed that none of the accused was
ever, by name mentioned or nominated in any of the report, so formulated or registered by the
prosecution---In majority of the cases there was no FIR or any authentic report of the
Provincially and Federally Administered Tribal Areas authorities---Even in the secret reports of
the prosecution/army/Intelligence no one had been named till the time, someone was
apprehended/arrested and was shifted to an internment center, where they were framed in a
particular charge and then after years of confinement, they were abruptly produced before the
authorities for recording of confessional statements---Entire judicial confessional statements of
accused were recorded in one and the same language and hand writing and in a specific
tone/style---Confessional statements of accused persons were belatedly recorded ranging from
six months to eight years---Judicial Magistrate had signed the confessional statements of the
accused persons but nothing was on record to show that all the formalities for recording judicial
confessional statements were complied with or not---In the document placed on each and every
file under the heading 'secret', the date of apprehension of the accused persons was erased and
only date of their interment was mentioned---Nothing was available on record to show as to
where the accused were kept during the period between their arrest and internment---No eye-
witness of the occurrences or for the presence of the accused at the spot were available---Injured
persons were never produced in any of the cases---In the record of all the cases, which was in the
shape of photocopies, names, designations and dates including signatures were erased, for
reasons best known to the prosecution---All the military courts that sentenced the accused
persons were functioning on one and the same pattern and not even a single accused had deviated
or answered differently to the questions put to him---Questions put to the all accused by the
courts were one and the same with exactly the same answers in all the cases---None of the
accused had objected to the presiding officers of the military courts---First four witnesses called
by the prosecution in all the cases, although different persons, used the same language, pattern
and tone when recording their statements except the date and time of occurrence with the names
of the casualties---Cross-examination and re-examination of said witnesses in all the cases was
also very similar in nature---In their defense statements none of the accused intended to call
any witness in defense---Statements made by the accused in their defence showed that they
spoke what they were briefed in the internment center and what they had said in their
confessional statements and whatever the witnesses had recorded before the courts---Witnesses
to the character of the accused in almost all cases were asked exactly similar questions by the
courts, and the replies were the same---Accused persons after remaining in the internment
centers for years astonishingly remembered the exact dates and time precise to the minute---No
independent advise was available to the accused during their confinement in internment
centers---Private defense counsel at State expense, with very few years of experience at the Bar,
was provided to the accused persons, but it was not clear how the counsel represented the
accused, and in which language and at which place he used to advise them---Even the face/photo
of said private counsel on the photocopy of his I.D card issued by the Bar Council had been
erased---None of the accused opted for engaging a private counsel at their own expenses, which
fact was all the more surprising as during present proceedings before the High Court, the same
accused had engaged costly and senior counsels---Proceedings before the military courts were,
thus, a complete prosecution show and accused were denied of their legal and fundamental right
for engaging a private counsel at their expenses---Nothing on record showed that during trial the
family or relatives of the accused persons, who frequently requested for a meeting in interment
center, were informed or had the knowledge of the trial proceedings---Present cases were cases
of no evidence, if the alleged confessional statements made without any independent advice after
months/years of confinement with military and internment centers, were subtracted from the
entire proceedings---Alleged confessional statement were manufactured, totally reflecting the
intention to fill in the blanks of untraced cases---High Court set-aside convictions and sentence
awarded to all the accused persons by the military courts and gave directions to set them free---
Constitutional petitions were allowed accordingly. Islamic Republic of Pakistan through
Secretary, Ministry of Interior and Kashmir Affairs Islamabad-Applicant/Referring Authority v.
Abdul Wali Khan, M.N.A. Former President of Defunct National Awami Party PLD 1976 SC
57 and The State v. Asfandyar Wali and 2 others 1982 SCMR 321 ref.
(d) Criminal Procedure Code (V of 1898)---
----S. 164---Judicial confession, reliance upon---Scope---Illegality and irregularities in recording

confessional statement---Benefit of such illegalities and irregularities was always given to the
accused.
Muhammad Pervez and others v. The State and others 2007 SCMR 670; Haq Nawaz and
another v. State 2000 SCMR 785; Mehmood Ahmed and 2 others v. State 1995 SCMR 127;
Walayat and another v. State 1984 SCMR 530; Bashir Ahmed's case 1999 SCMR 114;
Muhammad Fazal's case 2006 SCMR 143; Muhammad Mansha's case 2001 SCMR 199; Taria
Hussain Shah's case 2003 SCMR 98; Manjeet Singh v. State PLD 2006 SC 30; Naqeebullah's
case PLD 1978 SC 21; Khan Muhammad's case 1981 SCMR 597; Khuda Bakhsh's case 1969
SCMR 390; Suleman Shah's case PLD 1971 SC 751; Muhammad Shafique Ahmad's case PLD
1981 SC 472; Roshin's case PLD 1977 SC 557 and Shahbaz Khan Jakhrani's case 1984 SCMR
42 ref.
Naveed Akhtar for Petitioner.
Wiqar Ahmad AAG, Musarratullah DAG along with Lt. Col. Syed Kashif Munir and
Maj. Rizwan Akram for Respondents.
Dates of hearing: 16th, 17th and 18th October, 2018.
JUDGMENT
WAQAR AHMAD SETH, CJ.---Through this single judgment, this Court intends to decide the
instant constitutional petition as well as connected petitions bearing Nos.535-P/2018, 3794,
3837, 4071-P/2017, 637, 866, 1812, 1841, 2084, 3417, 3458, 3460, 3563, 3461, 3498, 3434,
3440, 3441, 3506, 3556, 3617, 3675, 3741, 3855, 4035, 4079, 4128, 4184, 4231, 4238, 3416,
3381, 3331, 3323, 3240, 3239, 3233, 3223, 3197, 3205, 3651, 3203, 3202, 2408, 2410, 4076,
2451, 2896, 3148, 3158, 3157, 3159, 4019, 3534, 4378, 4389, 4434, 4458, 4459, 4486, 4502,
4536, 4603, 4759, 4800, 3616, 4309, 4308, 4558, 3650-P of 2018 as all the convicts/internees
have been tried under Pakistan Army (Amendment) Acts, 2015/2017.
2. Brief history of the instant as well as connected W.P. No. 535-P of 2018, are that, one Abdur
Rashid son of Aslamay petitioner herein, has filed the petitions with the averment that his both
sons namely Muhammad Haleem and Fazal Haleem / detenues / convicts, were arrested by the
Rangers from Karachi, some four years ago, and thereafter they were shifted to Paithom
Internment Center, where they used to visit, however, through news-clipping it came to know
that both the detenues / convicts have been punished with death sentence, while as per record, so
produced, detenues / convicts had joined Tehreek-e-Taliban, Swat in the year 2005, received war
bounty, motivated locals to join Tehreek-e-Taliban, delivered hatred speeches against security
forces and attacked the law enforcement agencies, resulting into casualties, vide FIR No. 148
dated May, 2008, FIR No. 05 dated January, 2009 and FIR No.23 dated May, 2009. Detenues /
convicts, after their arrest in December 18, 2014, were interned on 9th and 13th July 2016, in
Paithom, Internment Center, where-after during investigation, they confessed the guilt by
recording their confessional statement before learned Judicial Magistrate and on commencement
of trial both the detenues/convicts were charge sheeted under Pakistan Army Act 1952, amended
in 2017 with the following charges:--
First charge.
PAA Section-59
against both the accused
Committing a civil offence, that is to
say attacking the law enforcement agency.
In that they, at Nangolai (Swat) on 20th May 2008, along with others, attacked the Nangolai
Check Post, by firing with sub-machine Guns, which resulted into the death of Frontier
Constabulary Sepoy Mushtaq Ahmad and injuries to Policemen Izhar ul Amin; and thereby
committed an offence punishable under the Pakistan Army (Amendment) Act, 2017.
Second charge.
PAA Section-59
say attacking the law enforcement agency/
Armed Forces of Pakistan
In that they, at Nangolai (Swat) on 29th January 2009, along with others, attacked the troops
of 14 Northern Light Infantry Regiment and Frontier Constabulary by firing with sub-machine
Guns, which resulted into the death of following soldiers; and thereby committed an offence
punishable under the Pakistan Army (Amendment) Act, 2017.
(a) Naik Sajjad Ali ex 14 Northern Light Infantry Regiment.
(b) Lance Naik Nowshad Khan ex Frontier Constabulary.
(c) Lance Naik Aslat Khan ex Frontier Constabulary.
Third charge.
PAA Section-59
say an act of terrorism.
In that they, at Nangolai (Swat) on 3rd May 2009, along with others committed an act of
terrorism while causing grievous damage to Government Boys High School Nangolai, by
planting/exploding the explosive, resulting into destruction of said school building; and thereby
committed an offence punishable under the Pakistan Army (Amendment) Act, 2017 read with
Section 6(2) (c) of the Anti-Terrorism Act, 1997.
In order to prove the charge against the detenues/convicts, prosecution produced four
witnesses, who were examined and crossed examined and thereafter statement of
detenues/convicts were recorded and on conclusion of trial both the detenues/convicts were
awarded death punishment.
W.P. No. 3794-P of 2017.
Brief history of petition filed by Mst. Hameeda wife of Farukhzad is that, her son namely
Aftab-ud-Din/detenue/convict, was surrendered to one Col. Naeem of 14 NLI Unit Bara Banda
on 28.04.2010, and thereafter he was shifted to Paithom Internment Center, where they used to
visit the said Center, however, through news-clipping it came to know that detenue/convict has
been awarded death sentence, whereas perusal of record so produced suggests that
detenue/convict during the year 2007 and 2008 remained active member of Umar Haqqani
Group ex TTS, allegedly used to perform armed guard duties for Tehreek-e-Taliban, Swat in
Imam Dheri and Ningolai. On 25th October, 2007, abducted and slaughtered five Police
Constables of PS Matta. On 20th May 2008, fired on police check post Ningolai, wherein
constable Mushtaq Ahmad, embraced shahadat while two police constables got injured. On
October, 5th 2008, looted United Bank Limited, Bara Bandal Branch, and in consequent to the
above activities, FIR No. 488 dated 26.10.2007, 148 dated 20.5.2008 and 320 dated 5.10.2008,
were lodged against him. Detenue/convict, surrendered on 28th April, 2010, where-after he was
interned on 29th March, 2014. During investigation, the detenue/convict confessed the guilt,
which was recorded by learned Judicial Magistrate and on commencement of trial, the
detenue/convict was charge sheeted with the following charges:-
First charge.
PAA Section-59
say attacking Law Enforcement Agency.
In that he, at Ningolai (Swat) on 20th May 2008, along with others, attacked Police Check
Post Ningolai, by firing different with calibers weapons, which resulted into the death of Police
Constable Mushtaq Ahmad and injuries to Police Constable Izhar ul Amin and thereby
Second charge.
PAA Section-59

say possessing fire-arm.
In that he, at Ningolai (Swat) on 28th April 2010, was found in possession of following fire-
arms; and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2017.
(a) 2 x Sub-Machine Gun.
(b) 1 x Heavy Machine Gun.
Third charge.
PAA Section-59
say possessing explosives.
In that he, at Ningolai (Swat) on 28th April 2010, was found in possession of following
explosives; and thereby committed an offence punishable under the Pakistan Army
(Amendment) Act, 2017 read with Section 6(2)(c) of the Anti-Terrorism Act, 1997.
(a) 240 x rounds of Sub-Machine Gun.
(b) 200 x rounds of Heavy Machine Gun.
To establish the guilt of detenue / convict, prosecution produced five witnesses, who were
examined and crossed examined and thereafter statement of detenue/convict was recorded and on
conclusion of trial the detenue/convict was awarded death punishment, which has been
confirmed, accordingly.
W.P. No. 3837-P/2017.
Brief history of petition filed by Munir Shah son of Muhammad Shafiq, resident of South
Waziristan Agency is that, his brother namely Shabir Ahmad/detenue/convict, was taken into
custody by Security Forces on 07.06.2016, and thereafter he was shifted to Internment Center at
Kohat, and through news-clipping it came to know that detenue was awarded death sentence
under Pakistan Army (Amendment) Act, 2017, while record so produced, suggests that detenue /
convict was an active member of the banned Tahree-e-Taliban. On 22nd March, 2004, at South
Waziristan Agency along with Wali and other attacked the convoy on road Tank-Wana near
Serwakai Khasaddar Check Post by firing with Kalashnikov (AK-47) and Rocket Propelled
Grenade-7, which resulted into death of security forces. At Tangi Barwand (South Waziristan
Agency) again during March, 2004, abetted Commander Wali and other in causing death of 4 x
soldiers out of 7x abducted soldiers and later on they were slaughtered by holding their legs one
by one. The detenue/convict, was arrested from Dajal Check post on 7th June, 2016 and there-
after, was interned and during interrogation / investigation, confessed the guilt before Judicial
Magistrate, who recorded the same, and on commencement of trial, detenue / convict was charge
sheeted with the following charges:-
First charge.
PAA Section-59
say attacking Armed Forces of Pakistan
In that he, at South Waziristan Agency on 22nd March, 2004, along with civilian Wali and
others, attacked the convoy of 102 Engineers battalion moving on road Tank-Wana near
Serwakai Khasadar Check Post by firing with Kalashnikov (AK-47) and Rocket Propelled
Grenade-7, which resulted into death of following officer and soldiers of the said regiment; and
thereby committed an offence punishable under the Pakistan Army (Amendment) Act, 2017.
a. Maj Adnan Shah.
b. Havildar Muhammad Sadiq.

c. Naik Sultan Mehmood.
d. Lance Naik Khaliq Dad
e. Naik (unpaid) Habibur Rehman.
f. Sapper Gul Moeed.
g. Sapper Ghulam Qasim
h. Sapper Manzoor Hussain.
i. Sapper Ghulam Sarwar
j. Sapper Haider Rehman.
k. Craftsman Zahid Hussain
Second charge.
PAA Section-59
say abetment in causing death of a person.
In that he, at Tangi Barwand (South Waziristan Agency), during March 2004, abetted
Commander Wali and others in causing death of 4x soldiers out of 7x abducted soldiers of 102
Engineers Battalion, by holding their legs one by one, in consequence of the said abetment, the
said soldiers were slaughtered by his (accused) fellow terrorists; and thereby committed an
offence punishable under the Pakistan Army (Amendment) Act, 2017.
To prove charges against the detenue/convict, prosecution produced Four Witnesses, who were
examined and crossed examined and thereafter statement of detenue/convict was recorded and on
conclusion of trial the detenue/convict was awarded death punishment, which has been
W.P No. 4071-P/2017.
Brief history of petition, filed by Mst. Tasleem Bibi wife of Muhammad Saleem, is that her
son namely Muhammad Saleem/detenue/ convict, was surrendered to one Maj. Javed in August,
2009, and thereafter he was released, however, again was arrested by Army Personnel and was
handed over to PS Kabal, where-after, through post arrest bail, Judge ATC ordered the release of
petitioner through bail, but was not released, and again took away by Security forces from jail
premises, and went missing, however, through news-clipping it came to know that detenue was
awarded death sentence, while record so produced before the Court, would suggest that Internee
Muhammad Saleem joined Tehrik-e-Taliban Swat (TTS) and remained an active member of the
organization. The Internee was close accomplice of Terrorist Commander Umer and used to
guard duties along with other terrorists of the area with his AK-47. The internee is involved in
fight against Law Enforcement Agencies in Buner and attached, on security forces, several times
and an FIR No. 5 dated 29.1.2009, was lodged in this respect. The Internee was also involved on
Army Check Post attack and regularly harboring the offenders after committing anti state
activity. The Internee used to collect donation/war bounty from the local. After the arrest on 30th
May 2013, the internee was interned on 31st January 2013 and thereafter on commencement of
trial was charge sheeted with the following charges:-
First charge.
PAA Section-59

In that he, at Nangolai (Swat) on 20th May 2008, along with others, attacked the Police
Check Post Ningolai, jointly manned by civil police and troops by firing with weapons of
different calibers, which resulted into the death of Sepoy Mushtaq Ahmad and injuries to Sepoy
Izhar ul Amin; and thereby committed an offence punishable under the Pakistan Army
(Amendment) Act, 2017.
Second charge.
PAA Section-59
say attacking the Armed Forces of Pakistan/
Law Enforcement Agency.
In that he, at Ningolai (Swat) on 29th January 2009, along with others, attacked the check
post Ningolai, by firing with AK-47, which resulted into the death of following 3x soldiers; and
(d)Naik Sajjad ex 14 Northern Light Infantry.
(e) Lance Naik Noushad Khan ex
(f) Lance Naik Aslat Khan ex.
Third charge.
PAA Section-59

In that he, at Nangolai (Swat) on 30th May 2012, was found in possession of lx Sub Machine
Gun and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2017.
To establish the guilt of internee, prosecution produced Four Witnesses, who were examined
and crossed examined and thereafter statement of internee/convict was recorded and on
conclusion of trial the internee/convict was awarded death punishment, which has been
W.P. No. 637-P/2018.
Brief history of the petition so filed by Mst. Raheem Begum wife of Sami ur Rehman is that,
her husband namely Sami ur Rehman internee/convict, was arrested by security forces on
20.11.2014, and shifted to Fizza Gat Swat, Internment Center, however, through news-clipping it
came to know that internee/convict was awarded death sentence, whereas, the record so
produced before the Court suggests that internee/convict affiliated with Tehreek-e-Taliban, Swat
and involved in number of terrorist activities. In August, 2008, internee/convict
participated/abetted the attack by physical planting an Improvised Explosive Device (IED) on
Army Vehicles and personnel at Kabal resulting into Shahadat of one officer, Major Muhammad
Ehsan and five soldiers and serious injury of five soldiers of 36 Frontier Force Regiment. In
October, 2008, participated/abetted the attack by physical planting an Improvised Explosive
Device (IED) at Siranai to attack Law Enforcement Agency and later you fired upon the Army
vehicles and personnel coming for assistance after the IED attack. In the year 2008 again
participated/ abetted the attack by physical throwing grenade on Cedar Golf Club, Kabal;
resulting into injury of three soldiers along with damages to the Government property and in
consequence to that FIR No.135 dated 9.5.2008, FIR No. 290 dated 23.8.2008 and FIR No. 337
dated 22.10.2008, lodged against the internee/convict. The internee/convict was arrested on 29th
November, 2011 and interned on December, 2011. During investigation/interrogation,
internee/convict confessed the guilt, which was recorded by the learned Judicial Magistrate, and
on commencement of trial, internee/convict was charge sheeted with the following charges:-
First charge.
PAA Section-59
against accused No.2.
……………………….
……………………….
Second charge.
PAA Section-59
against both accused.
say attacking the Armed Forces of Pakistan.
In that they, at Kabal (Swat) on 23rd August 2008, along with others, attacked the Army
convoy by planting / exploding an Improvised Device followed by firing with weapons of
different calibers which resulted into death of the following one officer and 5 x soldiers of 36
Frontier Force Regiment and injuries to 5 x soldiers of 36 Frontier Force Regiment; and thereby
(a) Major Muhammad Ihsan.
(b) Sepoy Naseem Iqbal.
(c) Sepoy Muqadar Khan.
(d) Havildar Muhammad Al Haleem.

(e) Naik Ghulam Abbas.
(f) Sepoy Tasme ur Rehman.
(g) Sepoy Abdul Shakoor (Injured)
(h) Naik Jaffar Khan (Injured)
(i) Havildar Mumtaz Ali (injured)
(j) Lance Naik Rehman Khan (injured)
(k)Sepoy Sher Nawaz Khan (injured).
Third charge.
PAA Section-59
against accused No.1 only.
say attacking Law Enforcement Agency of Pakistan.
In that he, at Sersanai (Swat) on 21st October, 2008, along with other attacked the convoy
of Police and Frontier Constabulary by planting an Improvised Explosive Device followed by
firing, which resulted into the death of following 1 x police Assistant Sub-Inspector, 1 x Naib
Subedar Frontier Constabulary, 3 x soldiers Frontier Constabulary and injuries to 1 x Naib
Subedar Frontier Constabulary and 4 x soldiers Frontier Constabulary; and thereby committed an
a. Assistant Sub-Inspector Noor Zaman (dead)
b. Naib Subedar Hussain Fayyaz (dead)
c. Lance Naik Roban Ali (dead)
d. Sepoy Gul Wzir (dead)
e. Sepoy Badri Zaman (dead)
f. Naib Subedar Shams ur Rehman (injured)
g. Naik Sadiq Shah (injured)
h. Lance Naik Ali Bahadur (injured)
i. Sepoy Wahid ur Rehman (injured)
j. Sepoy Muhammad Tariq (injured)
Fourth charge.
PAA Section-59

In that he, at Kabal (Swat) in 2008, along with civilian Ali Shah, attacked the Armed Forces
by throwing grenade on Cedar Golf Club, which resulted into injuries to 3 x soldiers of the
Armed Forces; and thereby committed an offence punishable under the Pakistan Army
Fifth charge.
PAA Section-59
Against accused No.2 only.
……………………………
…………………………..
To establish the guilt of internee, prosecution produced Four Witnesses, who were examined and
crossed examined and thereafter statement of internee/convict was recorded and on conclusion of
trial the internee/convict was awarded death punishment, which has been confirmed,
accordingly.
W.P No. 866-P/2018.
Brief history of the petition submitted by Akhtar Ali son of Bakhtiar is that, his brother went
missing since 2010 and they were in search of him when through news clipping they came to
know that his brother has been awarded death sentence, while as per record so produced, the
internee / convict remained involved in various terrorists activities against Law of Pakistan.
Internee / convict was involved at Kanju (Swat) during July 2013, abetted terrorist commander
Muhammad Khan alias Afghani and others, in causing death of civil Shahi Rahman son of Hanif
ur Rehman, member village defence committee, by carrying out reconnaissance and providing
accommodation/food to the said terrorists, in consequence of which the said civilian was killed
by the said terrorist on 22 July, 2013; the internee at Kanju (Swat) during July, 2013, abetted
terrorist commander Muhammad Khan alias Afghani and others, in causing death of civilian
Badi ur Rehman son of Firdous, member village defence committee, by carrying out
reconnaissance and providing accommodation/food to the said terrorists, in consequence of
which the said civilian was killed by the said terrorists on 28 July 2013, and to this effect FIR
No. 392 dated 22.7.2013 and FIR No. 403 dated 28.7.2013 have been registered. The
internee/convict was arrested on 1st August, 2013 and interned on 4th April 2014, and during
investigation recorded his confessional statement before learned Judicial Magistrate, and on
commencement of trial, internee/convict was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Kanju (Swat) during July 2013, abetted terrorist commander Muhammad Khan
alias Afghani and other, in causing death of civilian Shahi Rahman son of Hanif ur Rehman,
member of village defence committee, by carrying out reconnaissance and providing
accommodation / food to the said terrorist, in consequence of which the said civilian was killed
by the said terrorists on 22nd July 2013, and thereby committed an offence punishable under the
Pakistan Army (Amendment) Act, 2017.
Second charge.
PAA Section-59
In that he, at Kanju (Swat) during July 2013, abetted terrorist commander Muhammad Khan
alias Afghani and other, in causing death of civilian Badi ur Rehman son of Firdous, member of
village defence committee, by carrying out reconnaissance and providing accommodation / food
to the said terrorist, in consequence of which the said civilian was killed by the said terrorists on
27th July 2013, and thereby committed an offence punishable under the Pakistan Army
Third charge.
PAA Section-59
In that he, at Kanju (Swat) on 1st August 2013, was found in possession of 2x Sub Machine
Guns; and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2017.
To probe the guilt of internee, prosecution produced Four Witnesses, who were examined
and crossed examined and thereafter statement of internee/convict was recorded and on
conclusion of trial the internee/convict was awarded death punishment, which has been
W.P No. 1812-P/2018.
Brief history of the petition filed by Muhammad Ali son of Ali Sher is that, his son Hazrat Ali
went missing and he was in search when through news-clipping it came to know that his son was
awarded death sentence by Military Court, while as per record so produced, the internee/convict
was the cousin of terrorist commander Irfanullah Mehsud of Sararogha, who actively
participated in terrorist organization Tahrik-e-Taliban Pakistan (TTP). The internee/convict
received training at Barwand Market from Commander Azmatullah Mehsud in April, 2006 and
in the year 2007, participated in attack against security forces along with 40 x other terrorist
under Command of Irfanullah Mehsud near Government High School Sararogha. In the year
2008, along with other terrorists went to Paktika-Afghanistan, participated in Jihad and stayed
there for 2 x months. In the year 2008, suspect also participated in missile/rocket and mortar
firing on Sararogha Fort. The internee also accompanied with foreign fighter and two locals
mastermind. The internee/convict was arrested on 10th December, 2009 and thereafter on 16th
August, 2017, was interned. During investigation/interrogation, internee /convict confessed his
guilt by recording his confessional statement before learned Judicial Magistrate, and on
commencement of trial on 6.2.2018, the internee/convict was charge sheeted with the following
charge:-
PAA Section-59
In that he, at Sararogha Fort (South Waziristan) on 15 January, 2008, along with other
attacked the troops of 1 Wing South Waziristan Scouts, by firing with different calibers weapons,
which resulted into the death of following soldiers of the said Wing; and thereby committed an
a. Havildar Wahab Ali.
b. Naik Sher Alam.
c. Sepoy Muhammad Akram.
d. Sepoy Gul Mateen.
To probe the guilt of internee, prosecution produced Four Witnesses, who were examined and
crossed examined and thereafter statement of internee/convict was recorded and on conclusion of
trial the internee/convict was awarded death punishment, which has been confirmed,
accordingly.
W.P No. 1841-P/2018.

Brief history of the petition filed by petitioner Fazal Nabi son of Abdul Mateen is that, his
brother, convict/internee Fazal Muhammad, serving as Security Guard was taken into custody by
Military Intelligence in December, 2012 and since then he was missing, however, through news-
clipping it came to know that brother of petitioner i.e. convict/ internee was awarded death
punishment, whereas record so produced before the court would depict that convict/internee
joined Tehreek-eTaliban, Tariq Geedar Group in 2007 and took part in Afghan Jihad. On return
to Pakistan, under the Command of terrorist Gul Saeed, attacked Bush Khel Tower, Post, Kohat
Tunnel on 25th January, 2008. The convict/internee also in the year 2008 at Torr Chapar, Darra
Adam Khel, provided necessary weapons and ammunition to Terrorist Commander Waqar in
carrying out attack on security forces post. The convict/internee was arrested on 12 December,
2017 and thereafter interned on 22nd January 2013. During investigation/interrogation, the
convict/internee recorded his confessional statement on 20.5.2017 and on commencement of trial
charge sheeted with the following charges:-
First charge.
PAA Section-59
say attacking Armed Forces of Pakistan.
In that he, near Kohat, on 25 January, 2008, along with other attacked the Bush Khel Tower
post manned by Baloch Regiment by firing with different calibers, which resulted into the death
of following Junior Commissioned Officer/Soldiers of the said regiment; and thereby committed
an offence punishable under the Pakistan Army (Amendment) Act, 2017.
a. Naib Subedar Fateh Muhammad.
b. Havildar Parvez Iqbal.
c. Havildar Basharat Ali.
d. Sepoy Qaiser Hayat.

e. Sepoy Zafarullah Khan.
f. Sepoy Abdullah.
g. Sepoy Abu Bakar.
Second charge.
PAA Section-59
say causing death of a person.
In that he, at Darra Adam Khel markez, on night 26/27 January 2008, by firing with sub
machine Guns, caused death of Sepoy Muhammad Amir of Baloch Regiment, and thereby
To establish the guilt of convict/internee, prosecution produced Four Witnesses, who were
examined and crossed examined and thereafter statement of internee/convict was recorded and
on conclusion of trial the internee/convict was awarded death punishment, which has been
W.P No 2084-P/2018.
Brief history of the petition filed by petitioner Khan Faraz son of Gul Faraz is that, his
brother, convict/internee Muhammad Fayyaz son of Gul Faraz, Driver, Mushtaq Coach, was
taken into custody by Military Intelligence and since then he was missing, however, through
news-clipping it came to know that brother of petitioner i.e. convict/ internee was awarded death
punishment, while record so produced before the court would depict that convict/internee joined
Tehreek-e-Taliban, Tariq Geedar Group in 2007 and in the year 2008, along with other terrorist
of Tariq Geedar Group participated in physical attack against security force check post and killed
2 x soldiers with sub machine gun. The convict/internee at Matni police station Peshawar on 8th
August 2008 along with 30 x other terrorists under command of Commander Sarfraz alias Shaige
attacked Matni Police Station and killed a police constable with Kalashnikov. To this effect FIR
No. 285 dated 8.8.2008 was lodged. The convict/internee was arrested on 27 January, 2013 and
thereafter interned on 30th March 2017. During investigation/ interrogation, the convict/internee
recorded his confessional statement on 8th November, 2017 and on commencement of trial
First charge.
PAA Section-59
In that he, near Kohat, on 25th January, 2008, along with other attacked the Bush Khel
Tower post manned by 45 Baloch Regiment by firing with different calibers, which resulted into
the death of following Junior Commissioned Officer / Soldiers and captures of 9 x soldiers of the
said regiment and thereby committed an offence punishable under the Pakistan Army
a. Pakistan Junior Officer, Naib Subedar Fateh Muhammad.
b. Havildar Parvez Iqbal.
c. Havildar Basharat.
d. Sepoy Qaiser Hayat.
e. Sepoy Zafarullah Khan.

f. Sepoy Abdullah.
g. Sepoy Abu Bakar Siddique.
Second charge.
PAA Section-59
In that he, at Matni (Peshawar), on 8th August 2008, along with Terrorist Commander
Sarfraz alias Shaige and others, attacked police station Matni by firing with weapons of different
calibers which resulted into the death of constable Saleem Khan of the said Police Station and
To prove the charges against the convict/internee, prosecution produced Four Witnesses, who
were examined and crossed examined and thereafter statement of internee/convict was recorded
and on conclusion of trial the internee/convict was awarded death punishment, which has been
W.P No. 3417-P/2018.
Brief history of the petition filed by petitioner, Khair Ali Khan son of Mehboob Khan is that,
convict/internee happens to be the son of petitioner, arrested by the Law Enforcement Agency
from his house and shifted to unknown place, however, through news-clipping it came to know
that convict/internee was awarded death punishment while record so produced would suggest
that convict/internee got affiliated with Israr Mehsud son of Kahir Wali DI Khan and Kashif
Mehsud of TTP group Mehsud Chapter. The convict/internee being part of Tehreek-e-Taliban
Khan Sajna, group and abetted the organization in execution of its heinous activities. The
convict/internee killed civilian Abdul Rehman, Jamshed, Naheed Bibi and Nasreen bibi, to this
effect FIR No. 742 dated 10.8.2012, FIR No. 34 dated 3.12.2013 and FIR No. 71 dated 6.3.2013,
had been lodged. The convict/internee was arrested on 5.8.2013 and thereafter in June 2014, he
was interned. During investigation/ interrogation, the internee/convict confessed the guilt by
recording his statement before learned Judicial Magistrate on December, 2, 2015, and on
commencement of trial the convict/internee was charge sheeted with the following charges:--
First charge.
PAA Section-59
In that he, at Dera Ismail Khan, on 10th August 2012, along with civilian Kashif Mehsood,
caused death of civilian Abdul Rehman son of Habib ullah, a member of local defence
committee, by firing with 9 millimeter pistol, and thereby committed an offence punishable
under the Pakistan Army (Amendment) Act, 2015.
Second charge.
PAA Section-59
In that he, at Dera Ismail Khan, on 3rd February, 2013, along with civilian Kashif Mehsood,
caused death of civilian Jamshed son of Amanullah by firing with 9 millimeter pistol, and
Third charge.
PAA Section-59
In that he, at Dera Ismail Khan, on 6th March 2013, along with civilian Kashif Mehsood,
caused death of Mst. Nasheed Bibi wife of Roshan Khan and Mst. Nasreen Bibi daughter of
Roshan Khan by firing with 9 millimeter pistol, and thereby committed an offence punishable
Fourth charge.
PAA Section-59
In that he, at Dera Ismail Khan, on 5th August 2012, was found in possession of l x 9
millimeter pistol 2x magazines; and thereby committed an offence punishable under the Pakistan
Army (Amendment) Act, 2015.
Fifth charge.
PAA Section-59
say possessing explosive.

In that he, at Dera Ismail Khan, on 5th August 2013, was found in possession of 25x rounds
of 9 millimeter pistol; and thereby committed an offence punishable under the Pakistan Army
To prove the charges against the convict/internee, prosecution produced Four Witnesses,
who were examined and crossed examined and thereafter statement of internee/convict was
recorded and on conclusion of trial the internee/convict was awarded death punishment, which
has been confirmed, accordingly.
W.P No. 3458-P/2018.
Brief history of the petition so filed is that, convict/petitioner was arrested by the security
agencies and later on after trial has been punished with 20 years RI, while as per record, so
produced, convict/ internee was affiliated with Tehreek-e-Taliban, Pakistan and involved in
terrorist activities. On 11th May 2016, convict/internee along with other accomplices fired on
security forces at dvamandazai and lobbed a grenade which resulted into injury of 1 x soldier,
besides provides facilitation to the banned organization. The convict/internee was arrested on
16th September, 2016 and interned on 24th December, 2016. During investigation/interrogation,
the convict/internee confessed the guilt by recording his confessional statement on 6.12.2017,
and on commencement of trial, convict/internee was charged sheeted with the following
charges:-
First charge.
PAA Section-59
In that he, at Dvamandazai (Bannu) on 11th May 2016, along with terrorist Commander
Shamin Jani Khel and others, attacked the….. By lobbing a hand grenade, which resulted into
injury to... of the same regiment and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59
In that he, at Ghora Bakka Khel Wazir (Bannu) on 16th September, 2016, was found in
possession of 1 x sub Machine Gun along with 2 x Magazines; and thereby committed an offence
Third charge.
PAA Section-59
In that he, at Ghora Bakka Khel Wazir (Bannu) on 16th September, 2016, was found in
possession of 60 x rounds of sub machine gun; and thereby committed an offence punishable
To establish charges against the convict/internee, prosecution produced Four Witnesses, who
and on conclusion of trial the internee/convict was awarded rigorous imprisonment of 20 years.
W.Ps. Nos. 3460 and 3563-P of 2018.

Brief history of the petitions, so filed before this Court is that, convicts/internees got arrested
by the security forces and were shifted to internment center and later on through news-clipping it
came to know that the convicts/internees have been awarded death punishments, while record
produced before the court would depict that both the convicts/internees have joined Jamat ul
Ahrar (Pakistan Tehreek-e-Taliban) in May 2015 on motivation of Terrorist Commander Wajih
ex Tehrik-e-Taliban Pakistan and on 6 September, 2016, participated in target killing of Haji
Malik Mohammad. The convict/internee Rawaz Khan was arrested on 6th September, 2016
while convict/internee Mubarak Zeb got arrested on 14th October, 2016. Thereafter they were
interned and during investigation they both confessed the guilt by recording their confessional
statements on 10th October, 2017 and on commencement of trial, both the convicts were charge
First charge.
PAA Section-59
In that he, at Darao Bazaar (Mohmand Agency) on 6th September, 2016, along with civilian
Gulab Sher, by firing with 30 bore pistol, caused death of Malik Haji Mohammad, Member
Aman Committee; and thereby committed an offence punishable under the Pakistan Army
Second charge.
PAA Section-59

In that he, at Darao Bazaar (Mohmand Agency) on 6th September, 2016, abetted civilian
Rawaz Khan and civilian Gulab Sher in causing death of Malik Haji Mohammad, Aman
Committee; by carrying out reconnaissance and accompanying them on a motorcycle to the
target, in consequence of the said abetment, the said civilian Malik Haji Mohammad; and thereby
Third charge.
PAA Section-59
In that he, at Darao Bazaar (Mohmand Agency) on 6th September, 2016, was found in
possession of 1 x 30 bore pistol and thereby committed an offence punishable under the Pakistan
and on conclusion of trial the internees/convicts was awarded death punishment, accordingly.
W.P. No. 3461-P/2018.
Brief history of the petition filed by petitioner Ahsanullah son of Seen Gul is that, his
brother convict/internee Farhan got arrested by security forces on 3rd July 2016 and thereafter
his where-about was not known, however, through news clipping it came to know that convict /
internee was awarded death penalty, whereas record so produce suggests that convict/internee
was affiliated with Tehreek-e-Taliban, Pakistan and involved in terrorists activities. On 21st June
2006, convict/internee planned and abetted an attack on a police mobile van at Bakka Khel,
which resulted into shahadat of 1 x ASI and 2 x constables. On 3rd July, 2013, facilitated an
attack on joint Army (35 Self Propelled) and FC post in Sarai Naurang by providing
accommodation and found to the executing terrorist besides being part of the planning process
which resulted into shahadat of 10 x Army (35 self propelled) and 4 x FC soldiers along with few
civilians. Moreover, 10 x Army (35 Self-Propelled) and 8 x FC soldiers also got injured. In
March, 2011 kidnapped and killed local businessmen Muhammad Hussain in Mirali. The
convict/internee was arrested on 3rd July 2016 and interned on 9th August 2016 and during
investigation/interrogation he recorded his confessional statement on 12th July, 2017. On
commencement of trial, convict/internee was charge sheeted with the following charges:
First charge.
PAA Section-59
say abetment in attacking the Law Enforcement Agency.
In that he, at Azad Mandi (Baka Khel), during June 2006, abetted civilian Zar Gul alias
Uncle and others, by providing weapons, grenades, food and accommodation to the said terrorist
to attack a police mobile van, in consequence of said abetment, the said terrorist carried out an
attack on the said mobile van at a petrol pump near Azam Mandi on 21st June 2006, which
resulted into shahadat of Assistant Sub Inspector Jan Daraz Khan, Constable Munawar Khan and
Driver Ghulam Shafiq Khan; and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59

In that he, at Mir Ali, on 20th April, 2011 caused death of civilian Muhammad Hussain son
of Gul Hussain, a businessman, by firing with Kalashnikov (AK-47); and thereby committed an
Third charge.
PAA Section-59
say abetment in attacking the Armed Forces of Pakistan/
Law Enforcement Agency.
In that he, at Sarai Naurang (Lakki Marwat), during February, 2013, abetted civilian Zar Gul
alias uncle and others, by carrying out reconnaissance and providing food / accommodation to
the said terrorists, in consequence of said abetment, they said terrorist attacked the check post
(jointly manned by Army and Frontier Constabulary) at Sarai Naurang on 2nd February 2013,
which resulted into death of following 14 x individuals and injuries to 18 x others; and thereby
a. Subedar Muhammad Irfan.
b. Havildar Gunner Muhammad Nadeem.
c. Havildar Gunner Arif Hussain.
d. Lance Havildar Anwar Ali.

e. Naik Muhammad Amin.
f. Naik Gunner Ali Gul.
g. Sepoy Muhammad Saleem.
h. Lance Naik Tauqeer Khan.
i. Sepoy Muhammad Waseem Shah.
j. Gunner Irfan.
k. Naib Subedar Abdullah.
l. Sepoy Bakht Kamal.
m. Sepoy Kashif.
n. Sepoy Amal Zada.
and on conclusion of trial the internees/convicts was awarded death punishment, accordingly.
W.Ps. Nos. 3498, 3434, 3440 and 3441-P of 2018.
Brief history of the petitions, so filed are that, convicts / internees were arrested by the
security forces, kept in unknown places / areas and later through news clipping it came to know
that all the convicts/internees have been awarded death punishment, while as per record, so
produced, convicts/internees are involved in the terrorists attack on 31st March, 2017,
conducted/abetted a vehicle Borne Improvised Explosive Devices by placing kamanis/iron sheets
and making secret compartments in the vehicle and providing 8 x mortar rounds, prima cord to
Ashiq Khan, on Markazi Imam Bargah, Parachinar, which resulted into shahadat of 22 x
individuals and injuring more than 130 x persons. The convicts/internees were arrested in April,
2017 and thereafter they were interned and during investigation/interrogation, they recorded their
confessional statement on 11th October, 2017 before Judicial Magistrate. On commencement of
trial, they were charge sheeted with the following charges:-
First charge.
PAA Section-59
Against accused No.1 and 2 only.
In that they, at Parachinar (Kurram Agency) during 2017, abetted Terrorist Qari Jamal,
Qasim alias Kakai and Ehsanullah (a suicide bomber) by planning carrying out reconnaissance,
providing accommodation and preparing/transporting vehicle Borne Improvised Explosive
Device to the target area, in consequence of the said abetment, said suicide bomber carried out
suicidal bomb blast at Markazi Imam Bargah, Parachinar on 31st March, 2017, which resulted
into death of 22x persons; and thereby committed an offence punishable under the Pakistan
Second Charge.
PAA Section-59
Against accused Nos.1 and 2 only.

say abetment in causing injury to a person.
In that they, at Parachinar (Kurram Agency) during 2017, abetted Terrorist Qari Jamal,
Qasim alias Kakai and Ehsanullah (a suicide bomber) by planning carrying out reconnaissance,
providing accommodation and preparing/transporting vehicle Borne Improvised Explosive
device to the target area, in consequence of the said abetment, said suicide bomber carried out
suicidal bomb blast at Markazi Imam Bargah, Parachinar on 31st March, 2017, which caused
injuries to 130 persons; and thereby committed an offence punishable under the Pakistan Army
Third charge.
PAA Section-59
In that he, at Tari Mangal (Upper Kurram) during 2017, abetted Terrorist Ashiq Khan alias
Ashoq (accused No.1) by providing 8 x 82 millimeter mortar rounds for the preparation of
vehicle Borne Improvised Explosive Device, in consequence of the said abetment, terrorist
Ehsanullah (a suicide bomber) carried out suicidal bomb blast by using the said vehicle Borne
Improvised Explosive Device on Markazi Imam Bargah, Parachinar on 31st March, 2017,
which resulted into death of 22 x persons and thereby committed an offence punishable under the
Fourth charge.
PAA Section-59
In that he, at Tari Mangal (Upper Kurram) during 2017, abetted Terrorist Ashiq Khan alias
Ashoq (accused No.1) by providing 8 x 82 millimeter mortar rounds for the preparation of
vehicle Borne Improvised Explosive Device, in consequence of the said abetment, terrorist
Ehsanullah (a suicide bomber) carried out suicidal bomb blast by using the said vehicle Borne
Improvised Explosive Device on Markazi Imam Bargah, Parachinar on 31st March, 2017, which
caused injuries to 130 x persons and thereby committed an offence punishable under the Pakistan
Fifth charge.
PAA Section-59
………………………………
……………………………..
Sixth charge.
PAA Section-59
………………………………….
………………………………….
Seventh charge.
PAA Section-59
In that he, at Village Kotri (Upper Kurram) during 2017, abetted Terrorist Ashiq Khan alias
Ashoq (accused No.1) by providing prima cord for preparation of vehicle Borne Improvised
Explosive Device, in consequence of the said abetment, terrorist Ehsanullah (a suicide bomber)
carried out suicidal bomb blast by using the said vehicle Borne Improvised Explosive Device on
Markazi Imam Bargah, Parachinar on 31st March, 2017, which resulted into death of 22 x
persons and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2017.
Eighth charge.
PAA Section-59

In that he, at Village Kotri (Upper Kurram) during 2017, abetted Terrorist Ashiq Khan alias
Ashoq (accused No.1) by providing prima cord for preparation of vehicle Borne Improvised
Explosive Device, in consequence of the said abetment, terrorist Ehsanullah (a suicide bomber)
carried out suicidal bomb blast by using the said vehicle Borne Improvised Explosive Device on
Markazi Imam Bargah, Parachinar on 31st March, 2017, which caused injuries to 130 x persons
and thereby committed an offence punishable under the Pakistan Army (Amendment) Act, 2017.
To establish charges against the convicts/internees, prosecution produced Four Witnesses,

recorded and on conclusion of trial the internees/convicts was awarded death punishment,
accordingly.
W.Ps. Nos. 3506 and 3556-P of 2018.
Brief history of the petitions filed before this Court are that, convict/internee Jannat Karim
son of Gul Karim was taken into custody on 28.3.2011 while convict/internee Abubakar was
taken into custody in the year 2010 and thereafter they went missing, however, through news
clipping it came to know that both the convicts / internees have been awarded death penalty,
whereas, record so produced suggests that both the convicts/internees were affiliated with
Tehreek-e-Taliban (Hafiz Doulat group) and involved in terrorists activities. On June 12th, 2009,
both the convicts/internees at Mamu Banda Petrol Pump, physically took part in Vehicle Borne
Improvised Explosive Device blast against Police at Mamu Banda, causing death of 4 soldiers.
On 25th December, 2010, at Maroofi (Hangu) both the convicts/internees were found in
possession of Vehicle Borne Improvised Explosive Device carrying 400 Kilograms of explosive.
On March 24th, 2011 at Boaba District Hangu, carried out Vehicle Borne Improvised Explosive
Device and attacked police causing death of 1 police constable and 5 civilian. To this effect FIR
No. 143 dated 24.3.2011 was registered. After their arrested, the convicts/ internee were interned
on 6th January, 2016 and during investigation/ interrogation, they recorded their confessional
statement on 2nd May, 2017 and on commencement of trial, convicts / internees were charge
First charge.
PAA Section-59
Against all the accused persons.

In that they, at Mamu Banda, District Hangu, on 12th June 2009, attacked a Police Convoy
by exploding Vehicle Borne Improvised Explosive Device followed by firing with Sub Machine
Guns on the said convoy, which resulted into death of following police officials; and thereby
a. Constable Shah Nawaz.
b. Constable Muhammad Salim.
c. Havildar Dilawar Khan.
d. Sepoy (Driver) Haroon Shah.
Second charge.
PAA Section-59
Against accused No.1 .
say abetment in attacking law enforcement agency.
In that he, at Doaba, District Hangu, during March 2011, abetted Terrorist Majid (a suicide
bomber) to attack Boaba Police Station by planning, carrying out reconnaissance, and directing
him to the target area, in consequence of the said abetment, he (suicide bomber) carried out
Vehicle Borne Improvised Explosive Device suicidal blast on the said Police station on 24th
March 2011, which resulted into death of following police officials and civilians; and thereby
a. Constable Muhammad Rahim.
b. Civilian Khiat Janan son of Zareef Khan.
c. Civilian Sher Rehman son of Noor Jan.
d. Civilian Sajid Rehman son of Said Rasul.
Third charge.
PAA Section-59
against accused Nos. 2 and 3.
In that they, at Maroofi during 2010, possessed a Vehicle Borne Improvised Explosive
Device (Toyota Corolla) fitted with following explosive; and thereby committed an offence
a. 5x explosive packets (2x feet long)
b. 2x plastic cans filled with explosive.
c. 2x 82 millimeter mortar bombs.

accordingly.
W.P No. 3617-P of 2018.
Brief history of the petition so filed before this Court is that, convict / internee Sajid Khan
son of Sher Rehman, was handed over to Political Administration of Mohmand Agency, who
further handed over to Law Enforcement Agency and later on interned in Kohat Internment
Center, however, through news clipping petitioner came to know that Sajid Khan has been
punished with death penalty, while as per record of respondents, the convict/internee, affiliated
with Tehreek-e-Taliban, Mohmand Agency and involved in number of terrorist activities. On
June 13th, 2010, participated in a physical attack against Shunkrai Post ex Mohmand Rifles
which resulted into shahadat of 6 x soldiers, while 31 soldiers were abducted and later executed.
On 26th March, 2012, along with other terrorists destroyed a telephone exchange, community
center and primary school at Bakhshi Kor, Atta Bazar, Tehsil Khwaizai, Mohmand Agency. On
2nd April, 2012, participated in an attack on Wolai Post ex Mohmand Rifles along with other
terrorists which resulted into shahadat of 6 x soldiers while injuring 2 x soldiers. The convict/
internee was arrested on 7th October, 2012 and interned on October, 7th, 2012. During
investigation/interrogation, convict/internee confessed the guilt by recording his confessional
statement before Judicial Magistrate on 14th July, 2016, and on commencement of trial,
convict/internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that they, at Agency, on 13th June 2010 along with other, attacked Shunkrai check post
ex. By firing with weapons of different caliber, which resulted into the death of Junior
Commissioned Officers/Officials and capture of 13 x other Junior Commissioned
Officer/Officials of the said Unit and thereby committed an offence punishable under the
a. ……………..
b. ……………..
d. ……………..
e. ……………..
f. ………………
Second charge.
PAA Section-59
say an act of terrorist.
In that they, at Mohmand Agency, on 26th March, 2012, along with other, committed an act
of terrorism by exploding explosives at a telephone exchange, community centre and a primary
school located at Bakhshi Kor, Atta Bazar; and thereby committed an offence punishable under
the Pakistan Army (Amendment) Act, 2017.
Third charge.
PAA Section-59
In that they, at Mohammad Agency, during night 1/2 April 2012, along with other, attacked
Walai Post ex.... Rifles, by firing with weapons of different caliber, which resulted into the death
of following soldiers and injuries to 2x other soldiers of the said Wing; and thereby committed
a. ………………….
b. ………………….
c. ………………….
d. …………………..
e. …………………..

accordingly.
W.P No. 3675-P/2018.
Brief history of the petition filed before this Court is that, convict/internee was arrested by
the security forces and thereafter interned to Kohat Internment Centre and later on through news
clipping it came to know that convict/internee was awarded death punishment, whereas record so
produced depict that convict/internee was affiliated with Tehreek-e-Taliban, Pakistan and
involved in number of terrorist activities. On 9th June, 2009 at Peshawar, physically took part in
attack in Vehicle Borne Improvised Explosive Device blast on Pearl Continental Hotel, causing
multiple deaths to the security guards/civilians. First Information Report No.336 dated 9.6.2009,
was lodged to this effect. The convict/internee, after his arrest was interned on 16th July 2014,
and thereafter during investigation/interrogation, he confessed the guilt by recording his
confessional statement before learned Judicial Magistrate on 9th May, 2017, and on
commencement of trial convict/internee was charge sheeted with the following charge:--
PAA Section-59
say attacking civil installation in Pakistan.
In that he, at Peshawar on 9th June 2009, along with terrorist commander Umar Kundi alias
Maaz, Asmat (a suicide Bomber) and others, attacked Pearl Continental Hotel Peshawar by firing
with Kalashnikov, followed by Vehicle Borne Improvised Explosive Device, which resulted into
death of following individuals and partial damage to the said hotel and thereby committed an
offence punishable under the Pakistan Army (Amendment) Act, 2017.(sic)
To prove charges against the convict/internee, prosecution produced Four Witnesses, who were
examined and crossed examined and thereafter statement of internee/convict was recorded and
on conclusion of trial the internee/convict was awarded death punishment, accordingly.
W.P. No. 3741-P/2018.
Brief history of the petition filed before this Court is that, convict/internee was surrendered
by elders in the year 2010 and later on shifted to Central Jail Kohat, and on conclusion of trial
convicted and sentenced to 20 years, while as per record so produced before the Court,
convict/internee was affiliated with Tehreek-e-Taliban, Swat and involved in number of terrorist
activities. In June 2008 participated/ abetted the attack on PTDC Hotel Malam Jabba, which
resulted in heavy loss to the Government Property. In August 2008, allegedly participated in the
attack on Government Girls Middle School, Kishwara, which resulted into huge loss. In
November, 2008, participated in the attack on Army Post at Acharo Sar Malamjabba. To this
effect FIR No.135 dated 26.6.2008 and 181 dated 1.8.2008 have been lodged. The convict/
internee was arrested on July 3rd 2010 and interned on 19th March, 2014. Thereafter during
investigation, he confessed the guilt by recording his confessional statement on 24.7.2015 and on
commencement of trial, convict/internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Malam Jabba (Swat) during night 25/26 June 2008, along with others,
committed an act of terrorism while causing grievous damage to Pakistan Tourism Development
Corporation by setting the said hotel on fire, resulting into destruction of complete building;
and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2017 read with section 6(2)(c) of the Anti-Terrorism Act 1997.
Second charge.
PAA Section-59
In that he, at Kishwara (Swat) during night 1/2 August 2008, along with others, committed
an act of terrorism while causing grievous damage to Government Girls Middle School Kishwara
by setting the said school on fire, resulting into destruction of complete building; and thereby
committed an offence punishable under the Pakistan Army (Amendment) Act, 2017 read with
section 6(2)(c) of the Anti Terrorism Act 1997.
Third charge.
PAA Section-59
In that he, at Acho Sar Malam Jabba (Swat) on 9th November, 2008, along with others,
attacked the post of Punjab Regiment by firing with weapons of different caliber, which resulted
into injury to Naik Muhammad Bashir of the same Regiment; and thereby committed an offence
Fourth charge.
PAA Section-59
In that he, at Khu, Malam Jabba (Swat) on 4th July, 2010, was found in possession of 2 x
hand grenades; and thereby committed an offence punishable under the Pakistan Army
To prove charges against the convict/internee, prosecution produced Four Witnesses, who
were examined and crossed examined and thereafter statement of internee / convict was recorded
and on conclusion of trial the internee / convict was punished with 20 years imprisonment.
W.P No. 3855-P/2018.
Brief history of the petition filed before this Court is that, convict/internee Hafiz Israr
Ahmad, in September, 2009 was handed over to security forces and thereafter shifted to Central
Jail, Kohat, however, later on convict/internee parents were informed of the sentence, whereas
record so produced before the Court would suggest that convict/internee on 21st October, 2008
at Siranai (Swat) along with others attacked the convoy of Frontier Constabulary Khyber
Pakhtunkhwa and Police by firing with different weapons of offence, resulting into the death of
security personnel. To this effect FIR No. 377 dated 22.10.2008 was registered. The
convict/internee was arrested on 6th October, 2009 and interned on 22nd October, 2009 and
thereafter during investigation, he confessed the guilt by recording his confessional statement on
2.11.2015, and on commencement of trial convict/internee was charge sheeted with the
following charges:-
First charge.
PAA Section-59
against both the accused person.
In that they, at Sirsanai (Swat) 21st October, 2008, along with others, attacked the convoy of
Frontier Constabulary Khyber Pakhtunkhwa and Police by firing with weapons of different
calibers, which resulted into death of following soldiers /police officials and injuries to 5x
soldiers of the said law enforcement agencies; and thereby committed an offence punishable
a. Naib Subedar Hassan Faraz.
b. Lance Naik Ruban Ali.
c. Sepoy Badri Zaman.
d. Sepoy Gul Wazir.
e. Assistant Sub-Inspector Noor Zaman.

Second charge.
PAA Section-59
against accused No.1 only
……………………………..
……………………………..
Third charge.
PAA Section-59
………………………………
………………………………
Fourth charge.
PAA Section-59

In that he, at Sirsanai (Swat) on 6th October, 2009, was found in possession of following
fireman; and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015;
a. 2x Kalashnikov (AK-47).
b. 1 x Rocket Propelled Grenade-7 launcher.
Fifth Charge.
PAA Section-59
In that he, at Sirsanai (Swat) on 6th October, 2009, was found in possession 3x rounds of
Rocket Propelled Grenade-7; and thereby committed an offence punishable under the Pakistan
To prove charges against the convict/internee, prosecution produced Five Witnesses, who
were examined and crossed examined and thereafter statement of internee/convict was
recorded and on conclusion of trial the internee/convict was punished with death sentence.
W.P No. 4035-P/2018.
`Brief history of the petition filed by Saeeda Bibi wife of Saleem (convict) is that,
convict/internee was arrested from Dargai Check Post by security forces in 2014 and thereafter
shifted to Internment Centre Paithon and later on petitioner was informed by local police
regarding the sentence, while as per record so produced before the Court, convict/ internee was
affiliated with Tehreek-e-Taliban, Swat and involved in number of terrorist activities. On
October, 9th, 2008, at 0245 hours, convict/internee along with other terrorists demolished
Government High School, Dherai, by planting explosive and improvised explosive device on
school building. On 7th January, 2009, participated in an ambush which was planned to be laid
on Quick Reaction Force near Kuza Banda, which led to shahadat of 2 x soldiers and 2 x soldiers
injuries. In January, 2008, fired 5 x magazine of sub-machine gun while fighting against Army at
Kuza Bandai, which resulted into shahadat of 1 x non-commissioned officer and 1 x officer, 3 x
solider and 1 x civilian got injured. On 11th May, 2009, during fight against Frontier
Constabulary, at Kanju, participated and fired mortar rounds on Kanju Fort resulting into
Shahadat of PL-397 Sepoy Sajid Khan of Frontier Constabulary North and 5 x soldiers also got
injured. On 18th May, 2010, killed Sher Khan, Union Council Nazim besides his brother
Majidullah by firing 15x rounds of 30 bore pistol on Sher Khan/his brother. On 23rd July 2013,
targeted Badi ur Rehman by firing 3x rounds. To this effect vide FIR No. 98 dated 18.5.2010,
FIR No. 392 dated 23.7.2013 and FIR No. 403 dated 27.7.2013, have been lodged. The
convict/internee was arrested on 4th June 2015 and interned on 5th August, 2016. During
investigation, convict/internee confessed the guilt by recording his confessional statement before
learned Judicial Magistrate on 10.8.2017, and on commencement of trial, convict/internee was
First charge.
PAA Section-59
In that he, at Dherai (Swat) on night 8/9 October, 2008, along with others, committed an act
of terrorism while causing grievous damage to Government High School Dherai, by
planting/exploding the explosive and Improvised Explosive Device on school building, resulting
into destruction of the said building; and thereby committed an offence punishable under the
Pakistan Army (Amendment) Act, 2017 read with section 6(2)(c) of the Anti Terrorism Act,
1997.
Second charge.
PAA Section-59
In that he, at Kuza Bandai (Swat) on 7th January, 2009, along with others, attacked the
Quick Reaction Force of 32 Azad Kashmir Regiment, by exploding an Improvised Explosive
Device followed by firing with sub-machine gun which resulted into death of following soldiers
and injuries to 2 x soldiers of the said regiment, and thereby committed an offence punishable
a. Sepoy Muhammad Shehzad.
b. Sepoy Syed Tassawar Hussain Shah.
Third charge.
PAA Section-59
In that he, at Kuza Bandai (Swat) on 29th January, 2009, along with others, attacked the Troops
of 32 Azad Kashmir Regiment, conducting cordon and search operation against the terrorist, by
firing with small arms, which resulted into death of Havildar Munir Ahmad and injuries to lx
officer and 3x other soldiers, all of the said regiment; thereby committed an offence punishable
Fourth charge.
PAA Section-59
say attacking the Armed Forces of Pakistan/Law Enforcement Agency.
In that he, at Kanju (Swat) on 11th May 2009, along with others, attacked the troops of 72
Punjab Regiment / Frontier Constabulary (North) deployed at Jani Kanju Fort, by firing with
mortars, which resulted into the death of Sepoy Sajid Khan of the Frontier Constabulary and
injuries to 5 x soldiers of 72 Punjab regiment; and thereby committed an offence punishable
Fifth charge.
PAA Section-59
In that he, at Kuza Bandai (Swat) on 18th May, 2010, along with others, caused death of
civilian Sher Khan, by firing with .30 bore pistol; and thereby committed an offence punishable
Sixth charge.
PAA Section-59
say causing injury to a person.

In that he, at Kuza Bandai (Swat) on 18th May, 2010, along with others, caused injury to
civilian Majidullh, by firing with .30 bore pistol; and thereby committed an offence punishable
Seventh charge.
PAA Section-59
In that he, at Ghurejo (Swat) on 23rd July 2013, caused death of civilian Shahi Rehman, by
firing with 30 bore pistol; and thereby committed an offence punishable under the Pakistan Army
Eight Charge.
PAA Section-59
In that he, at Dherai (Swat) on 27th July 2013, along with others, caused death of civilian
civilian Badi ur Rehman by firing with 30 bore pistol; and thereby committed an offence
To prove charges against the convict/internee, prosecution produced four witnesses, who
and on conclusion of trial the internee/convict was punished with death sentence.
W.P. No. 4079-P/2018.
Brief history of the petition filed by Bakht Shehzada son of Fazal Rehman is that,
convict/internee was taken into custody by security forces on 4.10.2011 and shifted to Paithon
Internment Centre and later on awarded 20 years RI Punishment, while as per record so produced
before the Court, convict/internee was affiliated with Tehreek-e-Taliban, Swat and was part of
planning/conduct team, purchased cylinders for preparation of improvised explosive devices for
carrying out attack on Government Boys Middle School, Daulat Kalay. The convict/internee was
arrested on 4.10.2011 and interned on 11th May 2014. During investigation/interrogation, he
confessed the guilt by recording confessional statement on 22.10.2015. On commencement of
trial, convict/internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
say to over-awe any section of the public.
In that he, at Shangla, during night 3/4th October, 2011, along with commander Qari Iqbal
and others, over-awed the student community of Shangla by destroying the Government Boys
Middle School Daulat Kalay; and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59
say possessing fire arm.

In that he, at Shangla, on 10th October 2011, was in possession of 1 x sub-machine gun
(AK-47) and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
Third charge.
PAA Section-59
In that he, at Shangla, was found in possession of following explosive; and thereby
a. 50 x rounds of sub-machine gun (AK-47).
b. 2x improvised explosive devices.
To prove charges against the convict/internee, prosecution produced five Witnesses, who
and on conclusion of trial the internee/convict was awarded 20 years rigorous imprisonment.
W.P No. 4128-P/2018.
Brief history of the petition filed by petitioner Farmanullah son of Habib ur Rehman is that,
convict/internee Habib ur Rehman was taken into custody by security forces on 12.4.2012 and
thereafter was shifted to Kohat Jail and later on petitioner was informed regarding the death
sentence, while as per record so produced before the Court, convict/internee was affiliated with
Tehreek-e-Taliban, Pakistan and involved in number of terrorist activities. In the year 2010, at
Kalaya, Orakzai Agency, attacked Headquarter of Frontier Corps by firing small and heavy arms,
which, resulted into death of 4 x personnel including an officer and injuring 15 x other soldiers
of Frontier Corps and Frontier Constabulary. In 2009, at Ferozkhel, Orakzai, Agency, along with
other terrorists received 14 million from Sikh Community and handed over to Commander
Aslam Farooqi of Tehreek-e-Taliban, Pakistan. The convict/ internee was arrested on 12.4.2012
and interned on 20th January, 2016. During investigation, he confessed the guilt by recording his
confessional statement on 2.5.2014 and on commencement of trial, charge sheeted with the
following charges:-
First charge.
PAA Section-59
say receiving funds for the illegal activities.
In that he, at Ferozkhel (Orakzai Agency) during 2009 received an amount of Rupees
4,000,000/- (Four million only) or thereabout from local resources (Sikh Community of the area)
for the illegal activities of Tehreek-e-Taliban, Pakistan; and thereby committed an offence
First charge.
PAA Section-59
say attacking law enforcement agency.
In that he, at Kalaya (Orakzai Agency) during night 25/26 March, 2010, along with others
attacked the 2 x Check Posts (Shina Naka and Mian Ziarat) of Frontier Corps/Frontier
Constabulary by firing with weapons of different caliber, which resulted into Shahadat of
following officer/soldiers and injuries to 15 x other soldiers of the said law enforcement agency
a. Lieutenant Colonel Anwar Abbas. 2 Wing Swat Scouts
b. Naik Ahmadullah. 2 Wing Swat Scouts
c. Havildar Taj Khan. Frontier Constabulary.
d. Sepoy Rabit Khan. Frontier Constabulary.
To prove charges against the convict/internee, prosecution produced four Witnesses, who
and on conclusion of trial the internee/convict was awarded death punishment.
W.P No. 4184-P/2018.
Brief history of the petition filed by petitioner Taj Muhammad son of Naik Muhammad is
that, his son convict/internee was arrested on 16.2.2017 by security forces, and through news
clipping it came to know that convict/internee was awarded death sentence, while as per record
so produced before the court would suggest that convict/internee was affiliated with Tehreek-e-
Taliban, Pakistan, Tariq Gidar Group and involved in number of terrorist activities. On 13rd
October, 2014, convict/internee along with Arif alias Khalil and Iaz alias Malang killed police
constable Ijaz Ahmad along with 1 lady (Mrs. Zarmina wife of Raza Khan) and injured 1 x lady
and a child, in Inzari Chowk, Badhber, Peshawar. First Information Report No. 925 dated
13.10.2014, lodged to this effect. Performed duties of courier man to distribute funding to the
terrorist Arif alias Khalil and purchased motorcycle for carrying out target killing on the orders
of Qari Shafique. The convict/internee was arrested on 17.2.2017 and interned on 15.3.2017.
During investigation, convict/internee confessed his guilt by recording his confessional statement
on 1.1.2018. On commencement of trial, convict/internee was charge sheeted with the following
charges:-
First charge.
PAA Section-59
In that he, at Badhber Peshawar, during September-October, 2014, abetted terrorists Arif
alias Khalil and Iaz alias Malang, by carrying out reconnaissance of routine activities and
identification of Police Constable Ijaz Ahmad, in consequence of which on 13rd October, 2014,
the said police constable and Mst. Zarmina wife of Raza Khan were shot dead with AK-47 by the
said terrorist and thereby committed an offence punishable under the Pakistan Army
Second Charge.
PAA Section-59
In that he, at Badhber Peshawar, during September-October, 2014, abetted terrorists Arif
alias Khalil and Iaz alias Malang, by carrying out reconnaissance of routine activities and
identification of Police Constable Ijaz Ahmad, in consequence of which on 13th October, 2014,
the said terrorist carried out firing with AK-47 on the said police constable, which resulted into
injuries to following civilian; and thereby committed an offence punishable under the Pakistan
a. Mst. Ubaida Bibi wife of Khayal Akbar.
b. Master Shehzad son of Khayal Akbar.
c.
Third Charge.
PAA Section-59
say possessing fore-arm.
In that he, at Tela Bank, Badhber Peshawar, on 16th February 2017, was found in possession
of 1x 30 bore pistol and thereby committed an offence punishable under the Pakistan Army
To prove charges against the convict/internee, prosecution produced four Witnesses, who
and on conclusion of trial the internee/convict has been convicted and sentenced to death.
W.P No. 4231-P/2018.
Brief history of the petition filed by petitioner Said Ayaz son of Muhammad Nawaz is that,
his brother Fayyazullah on 18.7.2016 (sic) and through news clipping it came to know that
convict has been awarded death penalty, while as per record so produced before the Court,
convict/ internee affiliated with Tehreek-e-Taliban, Pakistan and involved in number of terrorist
activities. In the year 2006 planned and participated in an ambush against security forces convey
at Kuram Kot. On night 21/22 July 2009, allegedly participated in a physical attack along with
other accomplices against Faqir Appi Check Post ex Pakistan Army which resulted into Shahadat
of 1 x soldier Sepoy Shahzad Pervez. The convict / internee was arrested on 16.7.2016 and
during investigation, he confessed the guilt by recording his confessional statement on 3.1.2018.
On commencement of trial, convict/internee was charge sheeted with the following charges:-
PAA Section-59

In that he, at Gervok (Miran Shah) during night 21/22 July 2009, along with others attacked
Faqir Appi post manned by 2 Sindh Regiment by firing with weapons of different caliber, which
resulted into the death of Number 3472759 Sepoy Shahzad Pervez of the said regiment; and
To establish the guilt against the convict/internee, prosecution produced four Witnesses, who
and on conclusion of trial the internee / convict has been convicted and sentenced to death.
W.P No. 4238-P/2018.
Brief history of the petition filed by petitioner Faizullah son of Hayatullah is that, his
brother/convict Kaleemullah went missing and they were in search, when received information
from ACS Bara regarding visitation as convict was awarded death penalty, whereas record so
produced before the court suggests that convict/internee was affiliated with Tehreek-e-Taliban,
Pakistan (Abdullah Azam Brigade Group) and involved in number of terrorist activities. The
convict/internee at Fatimi Khel, Landikotal, Khyber Agency, on 12th March, 2013, physically
took part in improvised explosive device blast against civilians. On 28th May, 2013, at
Landikotal, Khyber Agency, fired upon Frontier Corps individual with 30 bore pistol which
resulted into serious injuries of Lance Naik Younas Khan, 5 Wing Khyber Rifles. The
convict/internee was arrested on 28th May, 2013 and interned. During investigation he
confessed the guilt by recording his confessional statement on 19.10.2017. On
commencement of trial, the convict / internee was charge sheeted with the following
charges:
First charge.
PAA Section-59

In that he, at Khyber Agency during night 11/12 March, 2013, along with other, by
planting/exploding an improvised explosive device in Fatimi Khel, area, caused death of civilian
Jibraheel son of Khairullah; and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59
In that he, at Khyber Agency during night 11/12 March, 2013, along with other, committed
an act of terrorist by planting / exploding an improvised explosive device in Charwazgai area,
which was likely to cause death or endangers a person's life; and thereby committed an offence
punishable under the Pakistan Army (Amendment) Act, 2017, read with section 6 (2) (c) of the
Anti Terrorism Act, 1997.
Third charge.
PAA Section-59
In that he, at Khyber Agency during May, 2013, along with terrorist Alam, committed an act
of terrorism by fixing / planting 2x Russian Missiles on the mountains to target the helipad and
army accommodation located at Landikotal Cantonment, which was likely to cause death or
endanger a person's life; and thereby committed an offence punishable under the Pakistan Army
(Amendment) Act, 2017, read with section 6(2)(c) of the Anti Terrorism Act, 1997.
Fourth charge.
PAA Section-59
say attacking the Law Enforcement Agency.
In that he, at Landikotal (Khyber Agency) on 28th May, 2013, attacked the patrolling party
of Frontier Corps, by firing with 30 bore pistol, which resulted into injuries to Sepoy Younas
Afridi of the said Corps; and thereby committed an offence punishable under the Pakistan Army
Fifth Charge.
PAA Section-59
In that he, at Abdul Had Kili (Landikotal) on 28th May, 2013, was found in possession of a
30 bore pistol; and thereby committed an offence punishable under the Pakistan Army
W.P No. 3416-P/2018.

Brief history of the petition filed by petitioner Mir Janan is that, convict/internee Abdul Latif,
went missing and they were in search when informed through telephone regarding the
punishment of convict/ internee, while as per record so produced, convict/internee was
close associate/active commander of Tehreek-e-Taliban and remained involved in number of
terrorist activities. In October, 2009, at Upper Orakzai, Agency, abetted a suicide bomber to
attack the Jirga, by planning and transporting vehicle borne improvised explosive device to the
target area, in consequence of the said abetment, the suicide bomber carried out suicidal blast on
the said jirga on 23 October, 2009 at Khazdezai, which resulted into death of 150x persons. On
July 2013, at South Waziristan Agency, attacked on the troops of Frontier Constabulary
deployed at Jani Kot Fort, by firing with Kalashnikov (AK-47) which resulted into the death
of 7x soldiers. The convict/internee was arrested on 6th December, 2014 and interned on 13th
June 2016. During investigation he confessed the guilt by recording his confessional statement
on 29 June 2016, and on commencement of trial, convict / internee was charge sheeted with the
following charges:-
First charge.
PAA Section-59
In that he, at Upper Orakzai Agency, during October, 2009, abetted civilian Sherdil Mehsud
a suicide bomber, to attack the Jirga, by planning and transporting Vehicle Borne Improvised
Explosive Device to the target area, in consequence of the said abetment, he (suicide bomber)
carried out suicidal blast on the said Jirga on 23rd October, 2009 at Khadezai, which resulted
into death of 150x persons; and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59

In that he, at South Waziristan Agency, on 22nd July 2013, along with others, attacked on
the troops of Frontier Constabulary deployed at Jani Kot Fort, by firing with Kalashnikov (AK-
47) which resulted into the death of 7x soldiers of Frontier Constabulary; and thereby committed
W.P No. 3381-P/2018.
Brief history of the petition filed by Hussain Bahadar son of Sher Bahadar is that, on
3.9.2010, convict/internee Gulab Noor went missing and whereabouts wasn't known, however,
through letter No.1733 dated 11.6.2018, petitioner was informed qua sentence of the
convict/internee, while as per record so produced before the Court, convict/internee was
affiliated with Tehreek-e-Taliban, Pakistan and involved in number of terrorist activities. In
2009, at Tora Warae, Orakzai Agency took part in attack against security forces Check Post,
resulted into death of 1 soldier and 5 injured. The convict/internee was arrested on 9th
Septempter, 2010 and thereafter interned on 15th July 2016. During investigation he confessed
the guilt by recording his confessional statement on 8.3.2017 and on commencement of trial, he
was charge sheeted with the following charge:-
PAA Section-59
In that he, at Tora Wari (Hangu) on 26th October, 2009, along with other, attacked the check
post of 36 Punjab Regiment; by firing with different calibers weapons, which resulted into death
of Sepoy Ghulam Jaffar and Injuries to 5x other soldiers of the said Regiment; and thereby
and on conclusion of trial the internee/convict has been convicted and sentenced to life
imprisonment.
W.P No. 3331-P/2018.
Brief history of the petition filed by petitioner Fazal Wahab son of Amir Ghawas Mian is
that, convict Zahir Jan, was surrendered to security forces on 25.6.2011 and thereafter he was
shifted to Internment Centre Lakki Marwat and Internment Centre Mingora, however, on
11.6.2018, they were informed qua the sentence of convict/internee, while as per record so
produced by the respondents, the convict/internee was affiliated with Tehreek-e-Taliban,
Pakistan and involved in number of terrorist activities. On May 2009, he planted an Improvised
Devices against military convoy near Kotah, Barikot in which 16 x soldiers embraced shahadat.
To this effect FIR No. 151 dated 6.12.2012 is lodged. The convict/internee was also involved in
destruction of Government Primary School Barikot Colony on night 9/10 of May, 2009. On 25th
June 2011, the convict was arrested and interned. During investigation convict/internee recorded
his confessional statement before Judicial Magistrate on 25.7.2015 and on commencement of
trial, convict/ internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
Against both the accused persons.
say abetment in attacking the Armed Forces of Pakistan.
In that they, at Barikot (Swat) on 6th May 2009, abetted civilian Nouman and others, by
transporting 2x improvised explosive device to attack the convoy of 26 Field Regiment Artillery,
in consequence of the said abetment, terrorists carried out attack on the said convoy, which
resulted into death of 16x soldiers of the said regiment and damage to 3x vehicle; and thereby
Second charge.
PAA Section-59
say to over-awe any section of the public.
In that they, at Barikot (Swat) on 9th May 2009, along with civilian Nouman and others
overawed the female community of Swat by destroying Government Girls Primary School
Fazalabad; and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
Third charge.
PAA Section-59
Against accused No.1.
………………………
………………………
Fourth charge.
PAA Section-59
Against accused No.1.
………………………
………………………
Fifth charge.
PAA Section-59
In that he, at Barikot (Swat) on 25th June 2011 was found in possession of following fire-
arms and thereby and thereby committed an offence punishable under the Pakistan Army
a. lx Sub-Machine Gun (SMG)
b. 1x30 Bore Pistol.
Sixth Charge.
PAA Section-59
In that he, at Barikot (Swat) on 25th June 2011 was found in possession of following
explosive and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
a. 2x hand grenades.
b. 2x Kilogram explosive.
and on conclusion of trial the internee/convict has been convicted and sentenced to 20 years
imprisonment.
W.P No. 3323-P/2018.
Brief history of the petition filed by petitioner Mst. Sadaqat Begum is that, her husband i.e.
convict Shakirullah when missing and they were in search when through diary No. 1735 dated
11.6.2018 informed qua sentence of the convict/internee, while as per record so produced,
convict/internee was affiliated with Tehreek-e-Taliban, Pakistan and involved in number of
terrorist activities. In 2009, at Lower Dir, Swat, actively took part in looting of Government Pay
Vehicle amounting to 29 Lacs 62 thousand. To this effect FIR No. 59 dated 2.2.2009, was also
lodged. On 17th August 2010, was found in possession of illegal fire-arms and explosive. The
convict/internee was arrested 17.8.2010 and interned on 9th March, 2014. During investigation
he confessed the guilt by recording his confessional statement on 18.2.2016 and on
First charge.
PAA Section-59
say providing funds for the illegal activities.
In that he, at Lower Dir Swat, during 2009, along with others provided an amount of Rupees
three Lacs ninety three thousand one hundred and ninety two to terrorist commander Hafeez
Ullah for the illegal activities; and thereby committed an offence punishable under the Pakistan
Second charge.
PAA Section-59
say possessing fire-arms.
In that he, at Undak Bala (Lower Dir) on 17th August 2010 was found in possession of
following fire-arms; and thereby committed an offence punishable under the Pakistan Army
a. 1 x Sub-Machine Gun.
b. lx 30 bore Pistol.
Third Charge.
PAA Section-59
In that he, at Undak Bala (Lower Dir) on 17th August, 2010, was found in possession of
following explosive; and thereby committed an offence punishable under the Pakistan Army
a. 40x rounds of Sub-Machine Gun.
b. 5x founds of 12.7 MM Gun.
c. lx Improvised Explosive Device.
d. lx hand grenade.
To prove the charges against the convict/internee, prosecution produced four Witnesses, who
and on conclusion of trial the internee/convict has been convicted and sentenced to 14 years
imprisonment.
W.P No. 3240-P/2018.
Brief history of the petition is that, petitioner himself surrendered before security forces on
15.5.2010 in Guli Bagh and thereafter he went missing, however, on 26.6.2018, through letter it
was informed that petitioner has been awarded death penalty, while as per record so produced
before the Court, suggests that convict/internee joined Khafiz Bin Waleed Battalion, a sub-
organization of Tehreek-e-Taliban, Swat, and involved in various activities of terrorist activities.
On 3rd August, 2008, the internee/convict alongwith other terrorist attacked the Government
Girls Primary School Gulibagh and destroyed the school building. On 13th July 2008,
participated in looting the ration from the Army truck. To this effect FIR No. 186 dated 3.8.2008,
was lodged. The convict/internee was arrested on June 15th 2010 and thereafter interned on 15th
March, 2014. During investigation, the convict/internee confessed the guilt by recording his
confessional statement on 25.7.2015 and on commencement of trial, convict/internee was charge
sheeted with the following charges:
First charge.
PAA Section-59
say destroying educational institution.
In that he, at Gulibagh (Swat) on night 2/3 August, 2008, along with other, partially
destroyed Government Girls Primary School Guilbagh by burning its furniture and fixtures; and
thereby committed an offence punishable under section 16 read with Scheduled offence 1 (xiii)
of the Protection of Pakistan Act 2014..
Second charge.
PAA Section-59
In that he, at Alamganj (Swat) on 15th June 2010, was found in possession of three
Improvised Explosive Devices, each containing ten kilograms explosives; and thereby
To prove the charges against the convict/internee, prosecution produced four Witnesses, who
and on conclusion of trial the internee/convict has been convicted and sentenced to life
imprisonment.
W.P No. 3239-P/2018.
Brief history of the petition is that, petitioner himself surrendered before security forces on
15.5.2010 in Guli Bagh and thereafter he went missing, however, on 26.6.2018, through letter it
was informed that petitioner has awarded death penalty, while as per record so produced before
the Court, suggests that convict/internee joined Jaishe Muhammad in 2001. In 2009, joined
terrorist Bilal Group and destroyed lx electric Pylon near Khwazakhela. Involved in
transportation of four Special Services Group personnel from Barrai Bridge to Salai Sar,
Balogram. Planted one Improvised Explosive Device on Barrari-Khwazakhela track to target the
army vehicles move on road. The convict/internee was arrested on 19th May, 2010 and interned
in the year 2011. During the investigation, the convict/internee confessed the guilt by recording
his confessional statement on 3.7.2015 and on commencement of trial, he was charge sheeted
with the following charges:
First charge.
PAA Section-59
say abetting in kidnapping employees of armed forces.
In that he, at Dub-Paithom or elsewhere, on 19th April, 2009, abetted Bilal (a Taliban
Commander) by performing the duties of armed gun man during transportation of 4x abducted
officers / soldiers of Special Service Group form Dub to Paithom, who were later killed by the
Taliban's; and thereby committed an offence punishable under section 16 read with Scheduled
Offences (1) (v) of the Protection of Pakistan Act, 2014.
Second charge.
PAA Section-59

say attempt to use material capable of exploding to kill persons.
In that he, near Cadet College Swat, on 20th July, 2009, along with other planted an
improvised explosive device, a material capable of exploding, along roadside Mingora
Khawazakhela; and thereby committed an offence punishable under section 16 read with
Scheduled Offences (1) (v) of the Protection of Pakistan Act, 2014.
Third charge.
PAA Section-59
In that he, at village Barrari (Swat) on 20th May 2010, was found in possession of 2x
Improvised Explosive Devices, containing 4x kilograms explosive; and thereby committed an
offence punishable under Pakistan Army (Amendment) Act, 2015.
To prove the charges against the convict/internee, prosecution produced Five Witnesses,
recorded and on conclusion of trial the internee/convict has been convicted and sentenced to life
imprisonment.
W.P No. 3233-P/2018.
Brief history of the petition filed by petitioner Jehan Sehat wife of Fazal Rahim is that,
convict / internee was surrendered before security forces in the year 2010 and thereafter he was
shifted to internment centre paithon, however, through news clipping it came to know that
convict / internee was awarded death punishment, while as per record, so produced before the
Court, the convict/internee was affiliated with Tehreek-e-Taliban, Swat (TTS). On 13th August,
2008, at Khwazakhela, (Swat) abetted civilian Abu Nauman and others, by providing protection
to the said terrorists at the time of planting explosive at Mobilink Communication Tower,
Gashkor, due to which the terrorist destroyed the said Tower. To this effect FIR No. 214 dated
13.8.2008, was lodged. On 25th May, 2010 was found in possession of 5 x kilograms explosive
materials. The convict/internee was arrested on 24th May, 2010, and interned on 19th March,
2014. During investigation he confessed the guilt by recording his confessional statement in the
year 2015, and on commencement of trial, convict/internee was charge sheeted with the
following charges:-
First charge.
PAA Section-59
say abetment in attacking civil institution in Pakistan.
In that he, at Khawaza Khela (Swat) on 13th August, 2008, abetted civilian Abu Nauman
and others, by providing protection to the said terrorist at the time of planting explosive at
Mobilink Communication Tower, Gashkor, in consequence of which the said terrorists destroyed
the said tower by exploding the explosives; and thereby committed an offence punishable under
Second Charge.
PAA Section-59
In that he, at Tilligram (Swat) on 25th May, 2010, was found in possession of 5x kilograms
explosive material; and thereby committed an offence punishable under the Pakistan Army
imprisonment.
W.P No. 3223-P/2018.
Brief history of the petition filed by petitioner Mst. Hussan Bano wife of Sherin Badshah is
that, her husband/convict was surrendered before security forces in the year 2009 and thereafter
he was shifted to Paithon internment centre, where he was kept, but through news clipping it
came to know that convict/internee was awarded death penalty, while as per record so produced
before the Court, convict/internee was affiliated with Tehreek-e-Taliban, Swat (TTS) in the year
2007, and involved in various terrorist activities. He had participated in Blasting/ demolishing
Government School Tutano Bandai and Government Primary School Ungar/Tal. To this effect
FIR No. 196 dated 26.6.2008, was lodged. Participated in number of fire raids on Army Posts at
Gampura, Shah Dheri, Tutan Banda, Tighak Gakhay Banda and Deolai. The convict/internee
also participated under the Command of Khursheed alias Attique in fight against 24 Baloch
Regiment at Kalla Kalle Bridge, wherein 3x soldiers of 24th Balouch Regiment got Shahadat and
3x got injured. The convict/internee was arrested on 19th October, 2009 and interned on 24th
March, 2014, where during investigation he confessed the guilt by recording his confessional
statement on 27.10.2015, and on commencement of trial, he was charge sheeted with the
following charges:-
First charge.
PAA Section-59
In that he, at Shah Dheri (Swat) on 25th June 2008, abetted civilian Mutabar Khan and
others, by carrying arms and ammunition to attack the check post of 29 Punjab Regiment, in
consequence of the said abetment, terrorists carried out attack on the said post, which resulted
into death of Naib Subedar Muhammad Hanif, injuries to Sepoy Fiaz and Sepoy Allah Ditta of
the said regiment; and thereby committed an offence punishable under the Pakistan Army
Second charge.
PAA Section-59
In that he, at Deolai (Swat) on 2nd December, 2008, abetted Civilian Mutabar Khan and
others, by carrying out reconnaissance of the route of quick reaction force of and guiding his
accomplices to the point of attack, in consequence of the said abetment, terrorist carried out
attack on the said force, which resulted into death of Sepoy Shoukat Ali and injuries to Naik
Yasir; and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2015.
Third charge.
PAA Section-59
In that he, at Kalla Kalle (Swat) on 29th June 2009, abetted Civilian Mutabar Khan and
others, by providing ammunition, water, food to his accomplices during the attack on the
troops,... in consequence of the said abetment terrorists carried out attack on the said troops,
which resulted into death of Havildar Muhammad Naseer, Havildar Abdul Qayum, Sepoy
Muhammad Mumtaz, injuries to Sepoy Ubaid ur Rehman, Sepoy Niaz Hussain and Sepoy
Muhammad Waseem; and thereby committed an offence punishable under the Pakistan Army
Fourth charge.
PAA Section-59
say possessing fire-arms.
In that he, at Kabal (Swat) on 28th October 2009, was found in possession of following fire-
arms; and thereby committed an offence punishable under the Pakistan Army (Amendment) Act,
2015.
a. 1x Sub Machine Gun (SMG)
b. lx Heavy Machine Gun (HMG).
Fifth charge.
PAA Section-59
In that he, at Kabal (Swat) on 28th October 2009, was found in possession of following
explosive; and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
a. 80x rounds of Sub Machine Gun (SMG).
b. 200x rounds of Heavy Machine Gun (HMG).

recorded and on conclusion of trial the internee/convict has been convicted and sentenced to 20
years rigorous imprisonment.
W.Ps. Nos. 3197, 3205 and 3651-P/2018.
Brief history of the petitions filed by petitioner's Mohibullah, (father of convict Khalid
Khan), Mst. Khurshid Begum (wife of convict Nasir Khan) and Shakeel Ahmad (Step brother of
convict Muhammad Ishaq) is that, convicts/internees Khalid Khan, Nasir Khan and Muhammad
Ishaq were surrendered before security forces on 25.9.2009, 20.12.2009 and 5.7.2010,
respectively, and thereafter they were shifted to Internment Centre Paithom/Central Jail, Kohat.
On 28.6.2018 through letter/telephone they were informed regarding sentence of the convicts/
internees, whereas record so produced would suggest that convicts/ internees joined Tehreek-e-
Taliban, Swat (US) in the year 2007 and 08 respectively and associated with the said
organization and performed guard and patrolling duties with other terrorists of his group. The
convicts/internee participated in fire raids on Pak Army Post at Gampura, participated in ambush
against QRF ex 29 Punjab in village Godhand, participated in fight against army at Mingora,
Kabbal, Sarsinai, Kalla Kalle, Galoch, Tutano Bandai, Deolai, Shah Dheri, Shalhand and
Shalkhu, caused damage vide FIR, placed on file. The convicts/internee participated in
blast/demolishing Government High School, Tutano Bandai. Participated in IEDs (Improvised
Explosive Devices) against/in the route of convoys of Pakistan Army. Involved in looting the
houses of Kamal Khan, Shaukat Khan, Jaffar Khan, Jallat Gujjar and Colonel (Retired) Muneer
Khan. The convicts/internees were arrested on 24th, 28th Sept. and 14th July 2009, respectively
and interned on 24th March, 27th April, 2014, respectively. During investigation, they confessed
their guilt by recording confessional statements on 3.9.2015 and on commencement of trial, they
were charge sheeted with the following charges:-
First charge.
PAA Section-59
Against all the accused person.

In that they, Shah Dheri (Swat) on 25th June 2008, along with other, attacked the check post
of 29 Punjab Regiment, by firing with Kalashnikovs (AK-47) which resulted into death of Naib
Subedar Hanif and injuries to Sepoy Fiaz and Sepoy Allah Ditta of the said regiment; and
Second charge.
PAA Section-59
Against accused Nos. 1, 3, 5, 7 and 8.
In that they, at Tutan Banda (Swat) on 16th September, 2008, along with other, attacked the
Frontier Constabulary Post established at Government High School, Tutan Banda, by using
Vehicle Borne Explosive Device (VBIED) followed by firing with different caliber weapons,
which resulted into death of Sepoy Syed Ikhlas udddin, Sepoy Shah Nazar and injuries to 14x
soldiers; and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
Third charge.
PAA Section-59
Against accused Nos. 2, 4, 5 and 6.

say abetment in attacking Law Enforcement Agency.
In that they, at Tutan Banda (Swat) during 10-15 September, 2008 abetted Civilian Mutabar
Khan and others by carrying out reconnaissance of Frontier Constabulary Post established at
Government High School, in consequence of the said abetment, the accused persons, (in the
second charge) carried out attack on the said post on 16th September, which resulted into death
of Sepoy Syed Ikhlas udddin, Sepoy Shah Nazar and injuries to 14x soldiers; and thereby
Fourth charge.
PAA Section-59
In that they, at Deolai (Swat) on 2nd December 2008, along with other, attacked the quick
reaction force of Regiment by firing, which resulted into death of Sepoy Shaukat Ali and injuries
to Naik Yasir of the said regiment; and thereby committed an offence punishable under the
Fifth charge.
PAA Section-59
Against accused Nos. 1 and 8.
………………………………….
…………………………………
Sixth charge.
PAA Section-59
Against accused Nos. 2, 3, 4 and 6
In that they, at Galoch (Swat) on 16th June, 2009, abetted civilian Mutabar Khan and
Rehman Uddin by providing them armed cover during killing of civilian Siraj Uddin son of
Muhammad Yaqub, a member of peace committee, which offence was committed in
consequence of the said abetment; and thereby committed an offence punishable under the
Seventh charge.
PAA Section-59
Against accused No. 1.
…………………………….
……………………………
Eight charge.
PAA Section-59
………………………………
………………………………
Ninth charge.
PAA Section-59
In that he, at Kabal (Swat) on 25th September, 2009, was found in possession of lx Sub
Machine Gun (SMG); and thereby committed an offence punishable under the Pakistan Army
Tenth charge.
PAA Section-59

In that he, at Kabal (Swat) on 25th September, 2009, was found in possession of 70x rounds
of Sub Machine Gun (SMG) and thereby committed an offence punishable under the Pakistan
Eleventh charge.
PAA Section-59
……………………………
……………………………
Twelfth charge.
PAA Section-59
……………………………
……………………………
Thirteenth charge.
PAA Section-59
……………………………
……………………………
Fourteenth charge.
PAA Section-59
……………………………
……………………………
Fifteenth charge.
PAA Section-59

In that he, at Lam Deolai (Swat) on 2nd October, 2009, was found in possession of lx Sub
Machine Gun (SMG) and thereby committed an offence punishable under the Pakistan Army
Sixteenth charge.
PAA Section-59
In that he, at Lam Deolai (Swat) on 2nd October, 2009, was found in possession of 90x
rounds of Sub Machine Gun (SMG) and thereby committed an offence punishable under the
Seventeenth charge.
PAA Section-59
In that he, at Kabal (Swat) on 20th July, 2009, was found in possession of lx Sub Machine
Gun (SMG) and thereby committed an offence punishable under the under the Pakistan Army
Eighteenth charge.
PAA Section-59
In that he, at Kabal (Swat) on 20 July, 2009, was found in possession of 90x rounds of Sub
Machine Gun (SMG) and thereby committed an offence punishable under the Pakistan Army
Nineteenth charge.
PAA Section-59
…………………………
…………………………
Twentieth charge.
PAA Section-59
…………………………
…………………………
Twenty First charge.
PAA Section-59
…………………………
…………………………
Twenty second charge.
PAA Section-59
…………………………
…………………………
To prove the charges against the convicts/internees, prosecution produced Six Witnesses,
recorded and on conclusion of trial the internees/convicts have been convicted and sentenced to
20 years rigorous imprisonment.
W.P. No. 3203-P/2013.
Brief history of the petition filed by petitioner Alam Sher son of Khair ur Rehman is that,
convict / internee was surrendered in the year 2009 to security forces, where-after he was shifted
to unknown place. On telephonic message they were informed qua sentence of convict, while as
per record so produced before the court, convict / internee was affiliated with Tehreek-e-Taliban,
Swat TTS, and involved in number of terrorist activities. In December, 2006, took participation
in planting an Improvised Explosive Device to Government Girls Primary School, Malookabad.
In January, 2009 participated in fight against Army at Malookabad, Tanki. In January, 2009
participated/abetted in establishing a blocking position against Army at Watkai and actively
fought against Army. In February 2009, allegedly participated/abetted in fire raid on Takhtaband
Base of Army. The convict/internee was arrested on 16th November 2015 and interned. During
investigation, he confessed the guilt by recording confessional statement on 29.5.2017, and on
commencement of trial, he was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Near Malookabad Tanki (Swat) on 5th January, 2009 along with others,
attacked the troops of…… by firing with Sub Machine Gun; and thereby committed an offence
Second charge.
PAA Section-59

In that he, at Watkai (Swat) on 22nd January, 2009 along with others, attacked the troops
of…… by firing with Sub Machine Gun; and thereby committed an offence punishable under the
Third charge.
PAA Section-59
In that he, at Takhtaband Tanki (Swat) on 10th February, 2009 along with others, attacked
the troops of….. by firing with Sub Machine Gun; and thereby committed an offence punishable
To prove the charges against the convicts/internees, prosecution produced Four Witnesses,
who were examined and crossed examined and thereafter statement of internee / convict was
recorded and on conclusion of trial the internees / convicts has been convicted and sentenced to
20 years rigorous imprisonment.
W.P No. 3202-P/2018.
Brief history of the petition filed by petitioner Syed Luqman Shah son of Syed Umar Shah is
that, convict / internee was surrendered in the year 2009 to security forces, where-after he was
shifted to unknown place. On telephonic message they were informed qua sentence of convict,
while as per record so produced before the court, convict/ internee was affiliated with Tehreek-e-
Taliban, Swat TTS, and involved in number of terrorist activities. In August, 2008, alleged
participated/ abetted the attack on Police Mobile near Khawaza Khela. The convict/ internee was
arrested on 9th November, 2009 and interned on 19th March 2014. During investigation he
confessed the guilt by recording his confessional statement on 17.10.2015, and on
First charge.
PAA Section-59
In that he, near Khawaza Khela (Swat) on 24th August 2008, along with other, attacked
police mobile by firing with AK-47 rifles; and thereby committed an offence punishable under
Second charge.
PAA Section-59
In that he, at Yakhtangai Babuzai (Swat) on 10th November, 2009, was found in possession
of 2x grenades; and thereby committed an offence punishable under the Pakistan Army
recorded and on conclusion of trial the internee/convict has been convicted and sentenced to 16
years rigorous imprisonment.
W.Ps. Nod. 2408, 2410 and 4076-P of 2018.
Brief history of the petition filed by petitioner Bashir Khan son of Rehmanuddin (brother of
convict Sher Khan), Umardaraz (father of convict Burhanuddin) and Zrawr Khan (paternal
cousin of convict Gul Khan) are that, convicts/internees were arrested by the security forces, on
21.11.2017, 16.1.2017 and 12.4.2013, respectively and shifted to unknown place and
whereabouts of the detenue were not known, however, through news clipping dated 6.5.2018,
they came to know about the sentence, while as per record so produced before the court, convicts
/ internees were affiliated with Jamat ul Ahrar of Tehreek-e-Taliban, and involved in number of
terrorist activities. Convicts/ internees allegedly attended meeting at Parchao Markez
Afghanistan in May 2013, along with terrorist Commander Abdullah Khaki of Jamat ul Ahrar
and Shah Jahan, Shaheer Khan, Gul Faraz, Irfanullah, Said and Asad and finalized plan of
suicide blast. Allegedly planned and successfully executed suicidal blast on funeral ceremony of
civilian Abdullah, which resulted into death of 30 persons including member of Provincial
Assembly, Khyber Pakhtunkhwa , Imran Khan Mohmand and more than 100 persons were
injured. Allegedly on 18th June 2013 brought suicide bomber along with co-accused to the place
of blast and after identification of the target to suicide bomber, fled from the area. To this effect
FIR No. 548 dated 18.6.2013, was lodged. Convicts / internees were arrested 16.1.2017,
16.10.2016 and 28.1.2017, respectively and thereafter they were interned. During investigation
they recorded their confessional statement on 16.10.2017 and on commencement of trial, they
were charge sheeted with the following charges:-
First charge.
PAA Section-59
In that they, at Zargrano Killi Sher Garh (Mardan) during June 2013, abetted a suicide
bomber (name not on record) to attack funeral ceremony of civilian Abdullah, by planning,
providing accommodation/suicide jacket and transporting him to the target area, in consequence
of the said abetment, he (suicide bomber) carried out suicide attack on the said funeral on 18th
June 2013, which resulted into the death of 30 persons; and thereby committed an offence
Second charge.
PAA Section-59
against all the accused persons.
In that they, at Zargrano Killi Sher Garh (Mardan) during June 2013, abetted a suicide
bomber (name not on record) to attack funeral ceremony of civilian Abdullah, by planning,
providing accommodation/suicide jacket and transporting him to the target area, in consequence
of the said abetment, he (suicide bomber) carried out suicide attack on the said funeral on 18th
June 2013, which resulted into injuries of 100 persons; and thereby committed an offence
To prove the charges against the convicts/internees, prosecution produced Four Witnesses,
who were examined and crossed examined and thereafter statement of internees/convicts was
recorded and on conclusion of trial the internees/convicts have been convicted and sentenced to
death.
W.P. No. 2451-P/2018.
Brief history of the petition filed by petitioner Mst. Nargis Bano wife of Izat Khan is that,
her husband/convict was surrendered to security forces on 11.4.2010, where-after he was shifted
to Internment Centre, Lakki Marwat / Paithon Swat, however, through news clipping it they
came to know about the sentence, while as per record so produced before the Court by the
respondents, the convict/internee was affiliated with Tehreek-e-Taliban, Swat (TTS) and
involved in attack during February 2009, by participating in the laying of an improvised
explosive device (IED) against convoy of 16 Sindh Regiment at Shahi Nagar near Shamozai
Bridge on 17th February 2009 resulting into injury of four soldiers of 16 Sindh Regiment. In
March, 2009, allegedly participated/ abetted the attack by physical participation in attack on
Malakand University; resulting in shahadat of four policemen and one civilian and serious injury
of two policemen and one civilian alongwith destruction of Police Van. In May, 2009, allegedly
participated/abetted the attack by physical participation in attack on school at Maniar; resulting
in burning and destruction of buildings of Government High School, Government Girls Middle
School and Government Girls Primary School Maniar. To this effect FIRs Nos. 131 dated
6.2.2011, 339, dated 18.3.2009, 62 dated 31.5.2009 were lodged. Convict/internee was arrested
on 11th April 2010 and interned on 17th April 2010. During investigation convict/internee
confessed the guilt by recording confessional statement in 2017 and on commencement of trial,
convict/internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Shahi Nagar, during February 2009, abetted terrorist commander Mufti Arshad
and others, to attack the convoy of Sindh Regiment, by carrying out reconnaissance of the target
area, in consequence of the said abetment, the terrorists attacked the said convoy by exploding an
Improvised Explosive Device near Shamozai bridge on 17th February 2009, which resulted into
injuries to following soldiers of the said regiment; and thereby committed an offence punishable
a. Naik Ameen Ullah.
b. Lance Naik Tahir Mehmood.
c. Sepoy Safdar Abbas.
d. Sepoy Nazir Ahmad.

Second charge.
PAA Section-59
In that he, at Malakand University, on 18th March, 2009, along with others, by firing with
Sub Machine Gun, caused death of following police constables/civilian; and thereby committed
a. Police Constable Azizullah.
b. Police Constable Adam Khan.
c. Police Constable Inayat Ullah.
d. Police Constable Nazir.
e. Civilian Khaliq Dad Khan son of Khalid.
Third charge.
PAA Section-59

In that he, at Malakand University, on 18th March, 2009 along with other by firing with Su
Machine Gun, caused injuries to following police constables/civilian; and thereby committed an
a. Police Constable Rehmat Ullah.
b. Police Constable Wahid Zaman.
c. Civilian Farman Ullah son of Farid Ullah.
Fourth charge.
PAA Section-59
In that he, at Maniar (Swat) during night 8/9 May 2009, along with others, committed an act
of terrorism while causing grievous damage to Government High School, Government Girls
Middle School and Government Girls Primary School Maniar, by exploding / burning the said
schools, resulting into complete destruction of said buildings; and thereby committed an offence
punishable under the Pakistan Army (Amendment) Act, 2017 read with section 6(2) (c) of the
Anti Terrorism Act, 1997.
Fifth charge.
PAA Section-59
In that he, at Shamozai, on 11th April 2010, was found in possession of following fire-arm;
a. 2x Sub Machine Gun.
b. 2x 30 Bore Pistol.
Sixth charge.
PAA Section-59
In that he, at Shamozai, on 11th April 2010, was found in possession of following explosive;
a. 115x rounds of Sub Machine Gun.
b. 2x pressure cooker Improvised Explosive Device.
who were examined and crossed examined and thereafter statement of internees/convicts was
recorded and on conclusion of trial the internee/ convict has been convicted and sentenced to
death.
W.P No. 2896-P/2018.
Brief history of the petition filed by petitioner Muhammad Zahir Shah son of Muhammad
Nawaz is that, his brother convict / internee Muhammad Zeb was taken into custody by Pak
Army and after going through investigation, was released. Prior to General Election of 2013, the
convict was again taken into custody and thereafter shifted to Paithom Internment Centre and
through news-clipping petitioner came to know qua sentence of convict/internee, while as per
record so produced before the Court, convict/internee was affiliated with Tehreek-e-Taliban,
Swat TTS and involved in number of terrorist activities. In June, 2008, allegedly
participated/abetted in attack on Law Enforcement Agency Post at Shah Dheri. In December,
2008, allegedly participated/abetted in attack on Army troops at Deolai. In June 2009 allegedly
participated/ abetted in attack on Army troops near Kala Kalle Bridge. The convict/ internee was
arrested on 10th December, 2012 and interned on 10th May, 2014. During investigation he
confessed the guilt by recording confessional statement on 11.8.2017 and on commencement of
trial, charge sheeted with the following charges:--
First charge.
PAA Section-59
In that he, at Shah Dheri (Swat) on 25th June 2008, along with others, attacked the check
post manned by... by firing with weapons of different caliber, which resulted into death of Naib
Subedar Muhammad Hanif and injuries to following soldiers of the said regiment; and thereby
a. Sepoy Muhammad Fayyaz.
b. Sepoy Allah Ditta.
Second charge.
PAA Section-59
In that he, at Deolai (Swat) on 2nd December, 2008, along with others attacked the quick
reaction force ex. regiment, by firing with Sub Machine Guns, which resulted into death of
Sepoy Shaukat Ali and Injuries to Naik Muhammad Yasir of the said Regiment; and thereby
Third charge.
PAA Section-59
In that he, at Kala Kalle (Swat) on 29th June 2009, along with others, attacked the troops
of ... by firing with Sub Machine Guns, which resulted into death of following soldiers and
injuries to 3x other soldiers of the said regiment; and thereby committed an offence punishable
a. Havildar Muhammad Naseer.
b. Havildar Muhammad Qayyum.
c. Sepoy Muhammad Mumtaz.

Fourth charge.
PAA Section-59
In that he, at Biakore (Swat) on 25th December, 2012, was found in possession of 2x Sub
Machine Gun; and thereby committed an offence punishable under the Pakistan Army
Fifth charge.
PAA Section-59
In that he, at Biakore (Swat), on 25th December, 2012, was found in possession of 100x
round of Sub Machine Gun; and thereby committed an offence punishable under the Pakistan
recorded and on conclusion of trial the internee/convict has been convicted and sentenced
to death.
W.P. No. 3148-P/2018.

Brief history of the petition filed by petitioner Hasnain Ullah son of Muhammad Saleem is
that, his brother / convict Zeeshan Ullah, was taken into custody by security forces and
thereafter, was shifted to Faizaghat Swat in the year 2016. On 20.6.2018, they were informed
telephonically qua sentence of convict, while as per record so produced before the Court by the
respondents, convict / internee was affiliated with Tehreek-e-Taliban, Swat TTS in the year
2009. He received handling weapons training in Fazal Bandai Matta for twenty days.
Participated in destruction of Mingora Police Station on 10th May 2009. At the time of arrest,
five kilograms Explosive and three Improvised Explosive Devices (3xkilogram) were recovered.
The convict/internee was arrested on 9.5.2010 and interned on 19.3.2014. During investigation
he confessed the guilt by recording his confessional statement 29.7.2015, and on commencement
of trial, he was charge sheeted with the following charges:-
First charge.
PAA Section-59
say attacking.
In that he, at Swat during May 2009 along with others attacked by firing with different
caliber weapons; and thereby committed an offence under section 16 read with Scheduled
Offence 1(xiii) of the Protection of Pakistan Act, 2014.
Second charge.
PAA Section-59

In that he, at Landi Kas (Swat), on 09 May 2010, was found in possession of following
explosive and thereby committed an offence punishable under the Pakistan Army (Amendment)
Act, 2015.
a. 5x kilograms of explosive.
b. 3x Improvised Explosive Devices (each containing
one kilogram explosive).
imprisonment.
W.P No. 3158-P/2018.
Brief history of the petition filed by petitioner Abdul Jalil son of Shah Said is that, his
son/convict namely Khaista Muhammad, was surrendered to security forces in 2009 and
thereafter he was shifted to Paitham Internment Centre, Swat. The petitioner was informed
telephonically qua the sentence, while as per record so produced before the Court by the
respondents convict/internee was affiliated with Tehreek-e-Taliab, Swat TTS and involved in
number of terrorist activities. The convict/internee involved in attack on the Army Post at Dar-
ul-Uloom Charbagh on 11th February 2008, destroyed the Government Girls Primary School
Zangi on 5th August, 2008 and Pakistan Telecommunication Limited Exchange, Toha on 10th
September, 2008. To this effect FIR Nos. 137 and 227 dated 5.8.08 and 11.9.08, were lodged
he record confessional statement on 16.10.2017, and on commencement of trial, charge sheeted
with the following charges:-
First charge.
PAA Section-59
say over-awe any section of the public.
In that he, at Zangi (Swat), on 5th August, 2008, along with others, destroyed Government
Girls Primary School Zangi by burning to over-awe the female community of Swat; and thereby
Second charge.
PAA Section-59
say attacking civil installation in Pakistan.
In that he, at Khawaza Khela (Swat), on 10th September, 2008, along with others, attacked
Pakistan Telecommunication Limited Tower Toha by exploding explosive, which resulted into
destruction of the said tower; and thereby committed an offence punishable under the Pakistan
Third charge.
PAA Section-59
In that he, at Dar ul Uloom (Charbagh), on 11th February 2009, alongwith others, attacked
the post of... by firing with Kalashnikov (AK-47) which resulted into the death of following
soldiers and injuries to Sepoy Zamir of the said regiment; and thereby committed an offence
a. Havildar Muhammad Maqsood.
b. Sepoy Rashid Ali.
c. Sepoy Muhammad Waseem.
Fourth charge.
PAA Section-59
In that he, at Mangaltan (Charbagh) on 12th April 2010, was found in possession of lx
suicide jacket containing 3x kilograms explosive; and thereby committed an offence punishable
recorded and on conclusion of trial the internee / convict has been convicted and sentenced to
death.
W.P No. 3157-P/2018.
Brief history of the petition filed by petitioner Shakeel Ahmad son of Usman Zada is that,
his son convict/Usman Zada alias Usman Pirzada, was taken into custody by security forces from
Karachi on 18.2.2011 and shifted to Faiza Ghat Swat, Internment Centre, however, petitioner
telephonically informed qua sentence, whereas record so produced before the court by the
respondents suggests that, convict/ internee was affiliated with Tehreek-e-Taliban, Swat and
joined Khalid Bin Waleed Battalion in October, 2007. The convict/internee used to perform
duties carrying AK-47 with terrorists at Charbagh Market and Charbagh check post.He also
participated in Dar ul Uloom Charbagh fight against army on 11th February 2009 and fired 30
rounds, wherein three soldiers embraced shahadat. He was involved in destruction of Mehboob
Market, Charbagh on 25th July 2008. To this effect FIR No.166 dated 25.7.2008 was lodged.
IED containing 5 Kgs explosive was recovered on his pointation. The convict/internee was
arrested 5.2.2012 and thereafter interned. During investigation he confessed the guilt by
recording confessional statement on 4.9.2015 and on commencement of trial, he was charge
First charge.
PAA Section-59
say using materials capable of exploding to destroy property.
In that he, at (Charbagh) Swat during night 24/25 July 2008 along with others, used
explosive materials, capable of exploding, at the Mehboob Market Charbagh Bazar, the property
of civilian Mehboob Yazdani, which resulted into destruction of the said market; and thereby
committed an offence punishable under section 16 read with scheduled offences (1) (ii) of the
Protection of Pakistan Act, 2014.
Second charge.
PAA Section-59

In that he, at Dar ul Uloom (Charbagh) Swat on 11th February 2009, along with others,
attacked the post of 60 Baloch Regiment by firing with AK-47 which resulted into death of
following 3x soldiers and injuries to Sepoy Zamir of the said regiment; and thereby committed
an offence punishable under Pakistan Army (Amendment) Act, 2015.
a. Havildar Muhammad Maqsood.
b. Sepoy Muhammad Waseem
c. Sepoy Rashid Ali.
Third charge.
PAA Section-59
In that he, at Kot (Charbagh) on 25th May 2012 was found in possession of lx improvised
explosive device containing 5x kilograms explosive; and thereby committed an offence
punishable under Pakistan Army (Amendment) Act, 2015.
To prove the charges against the convict/internee, prosecution produced Seven Witnesses,
imprisonment.
W.P No. 3159-P/2018.
Brief history of the petition filed by petitioner Mst. Shamim wife of Ahmad Jan is that, her
son convict/Rasool Muhammad, in the year 2008, was taken into custody by security forces
along with others and his whereabouts were not know, however, through telephonically,
petitioner was informed qua sentence, while as per record so produced before the court by the
respondents, convict / internee was affiliated with Tehreek-e-Taliban, Swat TTS and involved in
number of terrorist activities. On 26th October, 2007, allegedly participated/abetted the
beheading of 3x policemen and lx civilian near Ningolai, Swat. On 6th January, 2009, allegedly
participated/abetted in attack on check post of Frontier constabulary personnel at Bara Bandai,
Swat. On 29th January, 2009, allegedly participated/abetted the attack on Army Patrol near
Ningolai, Swat. On 1st February 2009 allegedly participated / abetted the attack on Army
Personnel at Koza Bandai, Swat. To this effect FIR No.488 dated 26.10.2007 & FIR No. 5 dated
31.7.2009, were lodged. The convict / internee was arrested on 21.6.2012 and interned on
1.2.2013. During investigation he recorded his confessional statement on 27.5.2017, and on
commencement of trial, he was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, near Nangolai (Swat) on 26th October, 2007, abetted civilian Asghar Khan and
others, by performing guard duties with Kalashnikov (AK-47) during slaughtering of following
policemen and a civilian; and thereby committed an offence punishable under Pakistan Army
a. Assistant Sub Inspector Irshad Ali.
b. Head Constable Anwar Ali Khan.
c. Head Constable Shere Ahmad.
d. Civilian Said Rehman son of Fazal Raheem.

Second charge.
PAA Section-59
In that he, at Bara Bandai (Swat) on 6th January, 2009, along with others, attacked the check
post of 1 Wing Swat Scouts, by firing with small arms, which resulted into the death of Sepoy
Raza Khan of the said Wing; and thereby committed an offence punishable under Pakistan Army
Third charge.
PAA Section-59
say attacking the Armed Forces of Pakistan/Law Enforcement
Agency.
In that he, at Nangolai (Swat) on 29th January, 2009 along with others attacked the troops of
14 Northern Light Infantry Regiment and Frontier Constabulary by firing with AK-47 and Sub-
Machine Guns, which resulted into the death of following soldiers; and thereby committed an
a. Naik Sajjad Ali ex...
b. ………………………….
c. Lance Naik Aslat Khan ex Frontier Constabulary.
recorded and on conclusion of trial the internee/convict has been convicted and sentenced to
death penalty.
W.P No. 4019-P/2018.
Brief history of the petition filed by petitioner Jamshed Khan son of Lal Said is that, his
brother convict / Baz Muhammad was taken by security forces on 8.5.2012 from Kachi Abadi
Sabzi Mandi, Islamabad and shifted to unknown place, thereafter shifted to Ghallani Internment
Centre, Mohmand Agency and later on petitioner through media news came to know regarding
the sentence, while as per record so produced before the Court by the respondents, the convict /
internee was affiliated with Tehreek-e-Taliban, Mohmand Agency and involved in number of
terrorist activities. On 9th January 2009, allegedly participated in a fire raid along with other
accomplices against Lakaro Post ex Mohmand Rifles. On 5th May 2009, allegedly participated
in a physical attack on Spinkai Tangi Post ex Mohmand Rifles which resulted into shahadat of 2x
soldiers. Allegedly involved in carrying our armed patrolling in Qandharo and Bedmanai area of
Mohmand agency. The convict / internee was arrested on 7.5.2012 and interned on 25.5.2014.
During investigation he confessed the guilt by recording confessional statement on 14.7.2016,
and on commencement of trial, convict / internee was charge sheeted with the following
charges:-
First charge.
PAA Section-59
say attacking the law Enforcement Agency.

In that he, at Mohmand Agency on 8th January, 2009, along with others, attacked Lakaro
Post ex Mohmand Rifles, by firing with weapons of different caliber; and thereby committed an
Second charge.
PAA Section-59
say attacking the law Enforcement Agency.
In that he, at Mohmand Agency on 4th May, 2009, along with others, attacked Spinkai Tangi
Post ex 2 Wing Mohmand Rifles, by firing with weapons of different caliber, which resulted into
the death of following soldiers of the said Wing; and thereby committed an offence punishable
under Pakistan Army (Amendment) Act, 2017.
a. Naik Haleem Khan.
b. Sepoy Nake Alam.
recorded and on conclusion of trial the internee/convict has been awarded death punishment.
W.P No. 3534-P/2018.
Brief history of the petition filed by petitioner Rostam Khan son of Firdos Khan is that, his
son namely Abu Zar / convict was surrendered before security forces on 2010 and thereafter he
was shifted to Fiza Ghat Swat, Internment Centre and on 11.6.2018 through letter dated
5.7.2018, petitioner came to know qua sentence of the petitioner while, as per record so produced
before the Court, convict / internee was affiliated with Tehreek-e-Taliban, Swat TTS (Musafir
Group) in the year 2008 and performed duties at Bandai Markaz. In March, 2009, deputed for
protection of Barrari Check Post in Tehsil Khawazakhela. Transported four army commandos
from Barrari Check Post to Bulugram, which were later on beheaded. To this effect FIR No. 35
dated 19.4.2009, was lodged. The convict / internee was arrested on 21.2.2011 and interned on
17th September, 2011. During investigation he confessed the guilt by record his confessional
statement on 2nd September 2015, and on commencement of trial he was charge sheeted with the
following charges:-
First charge.
PAA Section-59
say kidnapping employees of Armed Forces of Pakistan.
In that he, at Swat on 25th April 2009 abetted Idrees (A Taliban Commander) and others, in
kidnapped officers/soldiers of.... By transporting them from Barrari Check Post to Balugram,
who were later killed by the Talibans; and thereby committed an offence punishable under
section 16 read with scheduled offence (1) (v) of the Protection of Pakistan Act, 2014.
a. ………………….
b. ………………….
c. …………………
d. ………………..
Second charge.
PAA Section-59
In that he, at village Bandai (Swat) on 26th February 2011, was found in possession one
hand grenade; and thereby committed an offence punishable under Pakistan Army (Amendment)
Act, 2015.
recorded and on conclusion of trial the internee/convict was convicted and sentenced to life
imprisonment.
W.P No. 4378-P/2018.
Brief history of the petition filed by petitioner Sher Nawab son of Maiz Ullah Khan is that,
his son/convict Sadam Hussain was taken in custody by security forces on 17.2.2017 and shifted
to unknown place and through news clipping regarding sentence of convict, while as per record
so produced before the court by the respondents, convict / internee was affiliated with Tehreek-e-
Taliban, Pakistan and involved in number of terrorist activities. On 6th May, 2012, convict
allegedly involved/participated in attack on security forces (Quick Reaction Force ex 36 Baloch
and Tochi Scouts) at Khatti Killi, Shana Khawara which resulted into Shahadat of 17x Soldiers
while 39 x soldiers got injured. Convict/internee was arrested on 17.2.2017 and during
investigation he confessed the guilt by recording confessional statement on 3.01.2018 and on
commencement of trial, was charge sheeted with the following charges:-
PAA Section-59
say attacking the Armed Forces of Pakistan/Law Enforcement
Agency.
In that he, at Khatti Killi, Shana Khawara (North Waziristan Agency) on 6th May 2012,
along with others, attacked convoy of Quick Reaction Force ex 36 Baloch and Tochi Scouts, by
firing with weapons of different caliber; which resulted into death of following 17 x soldiers and
injuries to 39x other soldiers; and thereby committed an offence punishable under Pakistan Army
a. Sepoy Mukhtiar Ali.
b.Havildar Ghulam Yasin
c. Lance Naik Zahid Ali.
d. Naik Mehboob Ali.
e. Havildar Syed Ali Ahmad.
f. Havildar Muhammad Ali.
g. Sepoy Muhammad Sharif.
h. Sepoy Muhammad Arif.
i. Sepoy Zeeshan Haider Khan.
j. Sepoy Mukhtiar Ali.
k. Sepoy Zulfiqar Ahmad.
1. Sepoy Muhammad Awais.

m. Sepoy Ghazi Khan.
n. Sepoy Ejaz Ahmad.
o. Sepoy Younis Khan.
p. Sepoy Arshad Iqbal.
q. Signalman (operator signal) Ahmed Khan.
recorded and on conclusion of trial the internee/convict was awarded death penalty.
W.P No. 4389-P/2018.
Brief history of the petition filed by petitioner Abdul Haleem son of Gul Zareen is that, his
brother/convict namely Arafat was arrested by security forces, shifted to unknown place and later
on it was known that convict/internee was held in Internment Centre, Kohat where on visitation
convict/internee informed regarding the sentence, while as per record so produced by the
respondents before the Court, convict/ internee was affiliated with Tehreek-e-Taliban, Pakistan
in the year 2009, and was close associated of Hakimullah Mehsud (Ameer of Tehreek-e-
Taliban). The convict/internee allegedly facilitated/provided the leadership of Tehreek-e-Taliban
vehicles for Vehicle Borne Improvised Explosive Devices attack. 4x suicide jackets, 6x
Kalashnikovs, 2x thousand bullets, explosive, 12x hand grenades and detonators. The
convict/internee was wittingly involved in providing a vehicle (Toyota Corolla 1994 Model from
his bargina centre at Miranshah NWA, FATA for the terrorist attack on mosque at Parade Lance
Rawalpindi on 4th December, 2009, killing innocent people. The convict/internee wittingly
facilitated the terrorist ex TTP (Hakeem Ullah Mehsud) by supplying explosive from Miranshah
NWA FATA to Islamabad for use in VBIED attack on Marriot Hotel, Islamabad on 20th
September 2008 in which 70 persons were killed and 250 persons were injured. The
convict/internee was arrested by security forces on 6th December, 2014 and interned on 13th
June 2016. During investigation he confessed the guilt by recording confessional statement on
29.6.2016 and on commencement of trial, was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Islamabad during 2008, abetted civilian Sakhi Marjan, a suicide bomber, by
providing him transport from Miranshah to Islamabad to execute a suicidal attack on Marriot
Hotel Islamabad, in consequence of the said abetment, the said suicide bomber carried out
suicidal attack on the said hotel on 20th September 2008, which resulted into death of 70x
persons; and thereby committed an offence punishable under Pakistan Army (Amendment) Act,
2015.
Second charge.
PAA Section-59
say abetment in causing injuries to persons.
In that he, at Islamabad during 2008, abetted civilian Sakhi Marjan, a suicide bomber, by
providing him transport from Miranshah to Islamabad to execute a suicidal attack on Marriot
Hotel Islamabad, in consequence of the said abetment, the said suicide bomber carried out
suicidal attack on the said hotel on 20th September 2008, which resulted into injuries of 250x
persons; and thereby committed an offence punishable under Pakistan Army (Amendment) Act,
2015.
Third charge.
PAA Section-59
In that he, at Rawalpindi during 2009, abetted civilian Qudarat Ullah and Waheed Ullah, by
providing transport, weapons and explosive to execute attack on the mosque of Parade Lance
Rawalpindi, in consequence of the said abetment, the said terrorists and others carried out attack
on the said mosque on 4th December, 2009, which resulted into death of 40x persons; and
thereby committed an offence punishable under Pakistan Army (Amendment) Act, 2015.
Fourth charge.
PAA Section-59
say abetment in causing injury to persons.
In that he, at Rawalpindi during 2009, abetted civilian Qudarat Ullah and Waheed Ullah, by
providing transport, weapons and explosive to execute attack on the mosque of Parade Lance
Rawalpindi, in consequence of the said abetment, the said terrorists and others carried out attack
on the said mosque on 4th December, 2009, which resulted into injuries of 80x persons; and
W.P No. 4434-P/2018.
Brief history of the petition filed by petitioner Gul Bahader son of Abdul Mir Khan is that,
his nephew/convict Khiwal Muhammad was arrested by the security forces and shifted to
unknown place and they came to know through news clipping qua the sentence, whereas record
so produced by the respondents would suggest that convict/internee was affiliated with Tehreek-
e-Taliban, Pakistan and involved in number of terrorist activities. On 22nd April 2010, along
with other accomplices participated in conduct of an ambush on security forces convoy in
Miranshah road which resulted into death of 6x soldiers. The convict/internee was arrested on
8.2.2017 and during investigation confessed the guilt by recording confessional statement on
1.1.2018. On commencement of trial, the convict / internee was charge sheeted with the
following charge:-
PAA Section-59
say attacking the Armed Force of Pakistan.
In that he, at Hamzoni Miranshah (North Waziristan Agency) on 22nd April, 2010, along
with others, attacked the convoy by firing with weapons of different caliber, which resulted into
death of following officer / soldiers and injuries to 39x others; and thereby committed an offence
a. Captain Bilal Kamran.
b. Havildar Yousaf Khan.
c. Sepoy Javed Iqbal.
d. Sepoy Shamas Ullah.
e. Technical Assistant Syed Zafar Abbas.
f. Sepoy Akhtar Muhammad Afridi.

W.P No.4458-P/2018.
Brief history of the petition filed by petitioner Saira Bibi is that, her husband Ali Sher/convict
was surrendered in April 2010 to security forces, who shifted him to Fizagat Internment Centre,
where-after petitioner through news-clipping came to know regarding the sentence, while as per
record so produced before the court by the respondents, convict/internee was affiliated with
Tehreek-e-Taliban, Swat TTS and involved in number of terrorist activities. In July 2008,
allegedly participated/abetted in destroying the school record and property of Government
Primary School Langar. In May, 2009 allegedly participated/abetted in attack on Army at
Mingora. To this effect FIR No.244 dated 20.7.2008, was lodged. The convict/internee was
arrested on 18th September, 2009 and interned on 11th February 2012. During investigation he
confessed the guilt by recording confessional statement on 18.10.2017, and on commencement
First charge.
PAA Section-59
In that he, at Langar (Swat) on 20th July 2008, along with others, committed an act of
terrorism while causing grievous damage to Government Primary School Langar, by burning /
destroying the furniture and equipment of the said school; and thereby committed an offence
punishable under Pakistan Army (Amendment) Act, 2017 read with section 6(2)(c) of the Anti
Terrorism Act, 1997.
Second charge.
PAA Section-59
In that he, at Mingora (Swat) on 12th May 2009, along with others, attacked the task force
conducting search/evict operation against the terrorists, by firing with AK-47, which resulted
into death of Sepoy Ghulam Jilanni Khan of the said battalion; and thereby committed an offence
Third charge.
PAA Section-59
In that he, at Mian Khanay (Swat) on 23rd January, 2011, was found in possession of lx AK-
47; and thereby committed an offence punishable under Pakistan Army (Amendment) Act, 2017.
Fourth charge.
PAA Section-59

In that he, at Mian Khanay (Swat) on 23rd January 2011, was found in possession of
following explosive; and thereby committed an offence punishable under Pakistan Army
a. 2096x rounds of AK-47
b. 1309x rounds of 7 Millimeter Rifle.
c. 38x Rocket of Rocket Propelled Grenade-7
W.P No. 4459-P/2018.
Brief history of the petition filed by petitioner Muhammad Aziz son of Abdur Rashid is that,
his brother Muhammad Bashir / convict was arrested by the security forces and there after was
shifted to Internment Centre Kohat, however, through news petitioner came to know qua
sentence, while as per record so produced by the respondents, the convict internee was with
Sipah-e-Sahaba Pakistan and involved in number of terrorist activities. On 18th December, 2005,
at Peer Latif Shah Darbar near Dera Ismail Khan, the convict along with accomplices killed a
Shia civilian Mukhtiar Hussain by firing multiple rounds of pistol. At Link Canal Raod in Prova
area, DI Khan on 18th April 2008, the convict along with others killed Shaia civilian Ghulam
Baqir with his 222 Machine Gun. On 10th May 2008, at Sugran Bazar opposite Kassaban Street
DI Khan, the convict along with accomplices killed a Shia civilian Abbas. First Information
Report No. 851 dated 18.12.2005, FIR No. 133 dated 20.4.2007 FIR No. 248 dated 10.4.2008,
FIR No.509 dated 21.11.2008, were lodged to this effect. The convict/ internee was arrested on
1.11.2009 and interned on 16.8.2017. During investigation he recorded his confessional
statement on 18.10.2017 and on commencement of trial, the convict/internee was charge sheeted
First charge.
PAA Section-59
In that he, at Dera Ismail Khan on 18th December, 2005, abetted Terrorist Azeem Moavia
alias Ali in commission of the offence of causing death of civilian Mukhtiar Hussain son of
Abdul Hameed, by transporting/providing armed protection, in consequence of the said
abetment; the said civilian was killed by terrorist Azeem Moavia; and thereby committed an
Second charge.
PAA Section-59
say an act of terroris.
In that he, at Dera Ismail Khan on 20th April, along with others, committed an act of
terrorism by firing Rocket Propellant Grenade-7 at the residence of Atta ur Rehman son of Mufti
Mahmud, which was likely to cause death or endangers a person's life; and thereby committed an
offence punishable under Pakistan Army (Amendment) Act, 2017 read with section 6(2)(d)
of the Anti Terrorism Act 1997.
Third charge.
PAA Section-59

In that he, at Dera Ismail Khan on 18th April 2008, along with others, caused death of
civilian Ghulam Baqir son of Ghulam Qadir by firing; and thereby committed an offence
Fourth charge.
PAA Section-59
In that he, at Dera Ismail Khan on .... Along with others caused death of following civilians
by firing with Kalashnikov; and thereby committed an offence punishable under Pakistan Army
a. Civilian Mazhar Abbas.
b. Civilian Tanveer Hussain.
c. Civilian Khaddim Hussain.
Fifth charge.
PAA Section-59

In that he, at Bakhar during October, 2008 along with others abetted terrorist Sadiq Ullah ( a
suicide Bomber) by transporting him from Dera Ismail Khan to Bakhar, in consequence of the
said abetment, the said suicide bomber carried out suicidal bomb blast at the residence of civilian
Rasheed Akbar Niwani son of Ghulam Akbar Khan, a Member of National Assembly on 6th
October, 2008, which resulted into death of 21x individuals; and thereby committed an offence
Sixth charge.
PAA Section-59
In that he, at Dera Ismail Khan on 21st November, 2008, along with others caused death of
Moulana Nazir Hussain Naqvi son of Syed Ghulam Shabbir Shah resident of Mohallah Hayat
Ullah, Dera Ismail Khan, by firing with 30 bore pistol; and thereby committed an offence
Seventh charge.
PAA Section-59
In that he, at Dera Ismail Khan on 21st November, 2008 along with others caused injury to
civilian Asghar Shah son of Muhammad Akbar, by firing with 30 bore pistol; and thereby
committed an offence punishable under Pakistan Army (Amendment) Act, 2017.
To prove the charges against the convict/internee, prosecution produced Four Witnesses, who
were examined and crossed examined and thereafter statement of internee / convict was recorded
and on conclusion of trial the internee / convict was awarded death penalty.
W.P No. 4486-P/2018.
Brief history of the petition filed by petitioner Mst. Fatiha Bibi is that, her husband / convict
Dawood Shah, was surrendered to security forces on 28.8.2009, who was later on shifted to
Internment Centre Lakki Marwat and through letter dated 11.9.2018, she was informed qua
sentence, while as per record so produced by the respondents, the convict/internee was affiliated
with Tehreek-e-Taliban, Swat and involved in number of terrorist activities. During December,
2008, allegedly participated/abetted the attack on Pakistan Army Troops at Deolai, Swat. In June
2009, allegedly participated /abetted the attack on Pakistan Army Camp at Kabal. During June,
2009 allegedly participated/ abetted in attack of civilian Siraj Uddin son of Muhammad Yaqoob
Khan which resulted in his death. During June 2008 allegedly participated / abetted the attack on
Pakistan Army Troops at Kala Kalle Bridge, District Kabal, Swat. The convict / internee was
arrested on 28.8.2009 and interned on 18.4.2015. During investigation he confessed the guilt by
recording confessional statement on 4.11.2017, and on commencement of trial, was charge
First charge.
PAA Section-59
In that he, at Deolai (Swat) on 2nd December, 2008, along with others attacked the convoy
of.. by firing with AK-47 which resulted into death of Sepoy Shaukat Ali and injuries to Naik
Muhammad Yasir of the said regiment; along with others caused injury to civilian Asghar Shah
son of Muhammad Akbar, by firing with 30 bore pistol; and thereby committed an offence
Second charge.
PAA Section-59
In that he, at Kabal (Swat) on 12th June 2009, along with others attacked the attacked the
Army camp Kabal, by firing with 120 Millimeter Mortar, which resulted into the death of Naik
Iftikhar Ali of; and thereby committed an offence punishable under Pakistan Army (Amendment)
Act, 2017.
Third charge.
PAA Section-59
In that he, at Galoch (Swat) on 16th June 2009, along with others caused death of civilian
Siraj ud Din son of Muhammad Yaqoob Khan, by firing with AK-47; and thereby committed an
Fourth charge.
PAA Section-59

In that he, at Kala Kalle (Swat) on 29th June 2009, along with others attacked the troops of..
by firing with AK-47, which resulted into death of following soldiers and injuries to 3x other
soldiers of the said regiment; and thereby committed an offence punishable under Pakistan Army
a. Havildar Muhammad Naseer.
b. Havildar Muhammad Qayyum Ahmad.
c. Sepoy Muhammad Mumtaz.
Fifth charge.
PAA Section-59
In that he, at Galoch (Swat) on 7th November, 2011, was found in possession of lx AK-47;
and thereby committed an offence punishable under Pakistan Army (Amendment) Act, 2017.
W.P No. 4502-P/2018.

Brief history of the petition filed by petitioner Bibi Rafa is that, her husband/convict Hafiz
Abdullah, on 1.9.2010, was arrested by the security forces and his whereabouts was not known.
It was on 11.9.2018 when through news clipping it came to know qua the sentence, while as per
record so produced before the Court, the convict/internee was affiliated with Tehreek-e-Taliban,
Pakistan Sakhi Group and involved in number of terrorist activities. On night 25/26 March,
2010, at Kalaya, Orakzai Agency, along with others attacked the security forces by firing with
Sub Machine Gun, which resulted into death of four person of Frontier Corps and 11 got injured.
he confessed the guilt by recording confessional statement on 22.5.2017. On commencement of
trial, the convict/internee was charge sheeted with the following charge:-
PAA Section-59
In that he, at Kalaya (Orakzai Agency) during night 25/26 March, 2010 along with others,
attacked Shina Naka/Mian Ziarat Check Posts manned by Frontier Corps/Frontier Constabulary
by firing with weapons of different caliber, which resulted into death of following
officer/soldiers and injuries to 15x other soldiers of the said law enforcement agencies; and
a. Lieutenant Colonel Anwar Abbas.
b. Naik Ahmad Ullah
c. Havildar Taj Khan.
d. Sepoy Rabit Khan.
W.P No. 4536-P/2018.
Brief history of the petition filed by petitioner Yar Wali son of Khano is that, his son
Mujahid Ali/convict was arrested by the security forces and shifted to unknown place and
through news dated 17.8.2018, it came to know that convict was awarded death sentence, while
as per record of respondents the convict/internee was affiliated Tehreek-e-Taliban, Pakistan and
involved in number of terrorist activities. During 2012, at Sheikhmal Khel, Kandikotal, convict
along with others allegedly planted twin Improvised Explosive Device attack on Government
Boys Primary School, resulted into death of one Khassdar soldier and injuries to 2 others,
besides causing destruction to the school building. In 2012, at Sheikhmal Khel, Kandikotal,
Khyber Agency, along with other accomplices planted an Improvised Explosive Device attack
outside house of Haji Hait Khan and threatened him to provide extortion money. At Sheikhmal
Khel, Khyber Agency, in April 2012, along with other terrorist Mujahid carried out Improvised
Explosive Device attack on Government Girls Primary School at Taleb Khel resulted into
destruction of 4x class rooms, veranda and boundary wall. The convict / internee was arrested on
1st May, 2012 and interned. During investigation he confessed the guilt by recording his
confessional statement and on commencement of trial, the convict/internee was charge sheeted
First charge.
PAA Section-59
In that they, at Khyber Agency on 1st April, 2012, along with Terrorist Maaz, committed an
act of terrorism by planting / exploding improvised explosive device outside the residence of
civilian Haji Hajat Khan resident of Sheikhmal Khel, Tehsil Landikotal, which was likely to
cause death or endangers a person's life; and thereby committed an offence punishable under
Pakistan Army (Amendment) Act, 2017 read with section 6(2) (d) of the Anti Terrorism Act,
1997.
Second charge.
PAA Section-59
against both the accused persons.
In that they, at Khyber Agency on 28th April, 2012, committed an act of terrorism while
causing grievous damage to Girls Primary School Sheikhmal Khel, Tehsil Landikotal, by
planting/ exploding 2x improvised explosive device inside said school, resulting into destruction
of 4x rooms, a veranda and boundary wall of the said school; and thereby committed an offence
punishable under Pakistan Army (Amendment) Act, 2017 read with section 6(2)(d) of the Anti
Terrorism Act, 1997.
Third charge.
PAA Section-59
against the accused No.2.
In that he, at Khyber Agency on 23rd January 2012, along with Terrorist Gulzar, committed
an act of terrorism while causing grievous damage to Government Boys Primary School
Sheikhmal Khel, Tehsil Landikotal, by planting / exploding Improvised Explosive Device inside
the said school, resulting into destruction of 2x rooms and a veranda of the said school; and
thereby committed an offence punishable under Pakistan Army (Amendment) Act, 2017 read
with section 6 (2) (d) of the Anti Terrorism Act, 1997.
Fourth charge.
PAA Section-59
In that he, at Khyber Agency on 24th January 2012, attacked the officials of Khasadar Force
visiting Government Boys Primary School Sheikhmal Khel after explosion of an Improvised
Explosive Device as averred in the particulars of third charge, by exploding another Improvised
Explosive Device planted in the said school which resulted into death of Sepoy Murtaza and
injuries to following official/person; and thereby committed an offence punishable under
a. Khassadar Waliullah.
b. Civilian Abdullah son of Abdul Salam.
recorded and on conclusion of trial the internee / convict was awarded death penalty.
W.P No. 4603-P/2018.

`Brief history of the petition filed by petitioner Amir Rehman son of Amir Maqam is that, his son
/ convict namely Nadir Khan was surrendered to security forces in the year 2009 and thereafter
he was shifted to Central Jail, Kohat, where during visitation, it was came to know qua sentence,
while as per record so produced by the respondents, the convict/internee was affiliated with
Tehreek-e-Taliban, Swat TTS and involved in number of terrorist activities. During June, 2009,
allegedly participated/abetted the attack on Pakistan Army Troops at Dambarsar, Swat, resulting
in death of Havildar. In July 2009, allegedly participated/ abetted the attack on Pakistan Army
Troops at Shah Dheri, Swat, resulting in death of Lance Naik Wajid Mehmood. The
convict/internee was arrested on 4.7.2010 and interned on 27.4.2014. During investigation, he
confessed the guilt by recording confessional statement on 4.8.2017, and on commencement of
trial, the convict / internee was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Dambarsar (Swat) on 24th June 2009, along with terrorist commander Abbas
and others, attacked the army check post manned by.. by firing with rifle AK-47, which resulted
into death of Havildar Muhammad Ismail of the same regiment; and thereby committed an
Second charge.
PAA Section-59

In that he, at Shah Dhe (Swat) on 9th July 2009, along with terrorist Commander Abbas and
others, attacked the army check post manned by.. by firing with rifle AK-47, which resulted into
death of Lance Naik Wajid Mehmood of the same regiment; and thereby committed an offence
Third charge.
PAA Section-59
In that he, at Shah Dheri (Swat) on 15th July 2010, was found in possession of lx rifle (AK-
47); and thereby committed an offence punishable under Pakistan Army (Amendment) Act,
2017.
Fourth charge.
PAA Section-59
In that he, at Shah Dheri (Swat) on 15th July 2010, was found in possession of 100x rounds
of rifle (AK-47); and thereby committed an offence punishable under Pakistan Army
To establish the charges against the convict/internee, prosecution produced Four Witnesses,
W.P No. 4759-P/2018.
Brief history of the petition filed by Rafiqullah brother of convict is that, Ainullah, convict /
internee was arrested by the security agencies in October, 2009, and there-after shifted to
Internment Centre, Kohat. On 29.9.2019 through news clipping it came to know qua sentence of
the detenue, while as per record so produced by the respondents, the convict / internee was
affiliated with Tehreek-e-Taliban, Pakistan and involved in number of terrorist activities. On 9th
October, 2009, facilitated terrorist Ishaq by making vehicle Borne Improvised Explosive Device
and handing it over to Terrorist Ishaq who later on blasted it at Suicarno Chowk, Khyber Bazar,
Peshawar, which resulted in Death of 48 Civilians and injuring 109 innocent people. At Dera
Ismail Khan, on 23rd January, 2009, facilitated by providing vehicle NCP Corolla-7169 to
terrorist Ishaq and terrorist Usman who used it for kidnapping two innocent civilians namely
Basit Ali son of Ayub Ali (Owner of Bangash Medical Store) and Adnan son of Mr. Ayub. To
this effect FIRs Nos. 476 dated 9.10.2009, 79 dated 23.1.2009, were lodged. The
convict/internee was arrested on 9.11.2009, interned on 1.4.2016. During investigation he
confessed the guilt by recording his confessional statement on 4.12.2017, and on commencement
First charge.
PAA Section-59
say abetment in abducting any person for ransom.
In that he, at Dera Ismail Khan during January 2009, abetted terrorist Commander Jamshed
and others, to abduct civilian Basit Ali son of Ayub Ali, by carrying out reconnaissance and
providing vehicle, in consequence of the said abetment, said civilian along with civilian
Muhammad Adnan son of Muhammad Ayub were abducted for ransom by the said terrorists on
23rd January 2009 near Vocational Girls College DI Khan; and thereby committed an offence
Second Charge.
PAA Section-59
In that he, at Tank (Dar Ul Sharia markez) during October, 2009, abetted Terrorist
Commander Jamshed by designing a vehicle Hilux for preparation of vehicle Borne Improvised
Explosive Device, in consequence of the said abetment, Terrorist Commander Ishaq exploded
the said Vehicle Borne Improvised Explosive Device at Suikarno Chowk, Khyber Bazar
Peshawar on 9th October, 2009, which resulted into death of 48x persons; and thereby
Third charge.
PAA Section-59
In that he, at Tank (Dar Ul Sharia Markez) during October, 2009, abetted Terrorist
Commander Jamshed, by designing a vehicle Hilux for preparation of Vehicle Borne Improvised
Explosive Device, in consequence of the said abetment, Terrorist Commander Ishaq exploded
the said Vehicle Borne Improvised Explosive Device at Suikarno Chowk, Khyber Bazar Chowk,
Peshawar on 9th October, 2009, which caused injuries to 109x person; and thereby committed an
W.P No. 4800-P/2018.

Brief history of the petition filed by Muhammad Yasin Khan is that, his father convict Naik
Wali was arrested by the security forces in the year 2009 and thereafter his whereabouts were not
known, however, through news clipping petitioner came to know about the sentence, while as
per record so produced by the respondents, the convict / internee was affiliated with Tehreek-e-
Taliban, Pakistan and involved in number of terrorist activities. At Sarwakai, South Waziristan
Agency, on 16th August, 2007, convict along with others attacked the convoy of security forces
with small and heavy arms, which resulted into death of six security personnel including an
officer and injuries to 13 x soldiers of Pakistan Army. At Sararogha, South Waziristan Agency,
on 22nd January, 2008, the convict along with others attacked security forces deployed at
Siplatio Fort thus causing injury to one soldier of Frontier Corps. The convict / internee was
arrested on 26.2.2016 and interned on 7.10.2017. During investigation he confessed the guilt by
recording his confessional statement on 10.6.2017, and on commencement of trial, he was charge
First Charge.
PAA Section-59
In that he, at South Waziristan Agency, on 16th August 2007, along with others, attacked the
convoy of 5 Sindh Regiment, moving from Sarwakai to Jandola, by firing with weapons of
different caliber, which resulted into death of following officers/ JCO/Soldiers, injuries to 13 x
other soldiers as well as took along official arms and equipment's; and thereby committed an
a. Lieutenant Umer Javed.
b. Subedar Muhammad Mohsin Khan.
c. Havildar Amir Muhammad.

d. Sepoy Atif Ali.
e. Sepoy Bakshal Ali.
f. Sepoy Hafiz Samiullah.
Second charge.
PAA Section-59
In that he, at South Waziristan Agency, on 22nd January, 2008, along with others, attacked
Siplatio Fort occupied by the troops of 1 Wing South Waziristan Scouts by firing with weapons
of different caliber, which resulted into injuries to Sepoy Rahim Gul of the said Wing; and
W.P No. 3616-P/2018.
Brief history of the petition filed by petitioner Gul Bahadar Khan is that, Suliman Bahader /
convict was arrested by the security forces on 18.10.2016 and shifted to Kohat Internment
Centre, where he was kept and later on petitioner was informed qua sentence, whereas record so
produced is suggestive that convict / internee was affiliated with Tehreek-e-Taliban, Pakistan
and involved in number of terrorist activities. During the year 2010 to 2014, convict remained
active facilitator of Terrorist Commander Afsar Ali alias Pashtoon, allegedly used to obey his
instructions. In November, 2014, convict along with others allegedly carried out an Improvised
Explosive Device attack on convoy in which one soldier embraced shahadat and four soldiers
were injured at Naurer Tochi Nullah. To this effect FIRs Nos.48 dated 9.2.2016, 47 dated
9.2.2016 and 255 dated 11.11.2014, were lodged. The convict/internee was arrested on
18.10.2016 and interned on 19.12.2016. During investigation he recorded his confessional
statement on 17.10.2017, and on commencement of trial he was charge sheeted with the
following charges:-
First charge.
PAA Section-59
In that he, at Bannu Jani Khel (District Bannu) on 11th November, 2014, along with others,
attacked convoy of Azad Kashmir Regiment at Naurer, Tochi Nullah, by planting / exploding an
Improvised Explosive Device, which resulted into death of Sepoy Iftikhar Ahmad and injuries to
following Junior Commissioned officer / soldiers of the said regiment; and thereby committed an
a. Subedar Muhammad Akram.
b. Sepoy Yasir Muzaffar.
c. Sepoy Qaiser Niazi.
d. Sepoy Muhammad Irfan.
Second charge.
PAA Section-59
In that he, at Bannu on 9th February 2016, along with others, committed an act of terrorism
by firing with Kalashnikovs outside the residence of civilian Shaheen Ullah, which was likely to
cause death or endanger a person's life; and thereby committed an offence punishable under
Pakistan Army (Amendment) Act, 2017 read with section 6(2)(d) of the Anti-Terrorism Act,
1997.
Third charge.
PAA Section-59
In that he, at Bannu on 9th February 2016, along with others, committed an act of terrorism
by firing with Kalashnikovs outside the residence of civilian Zia ul Haq, which was likely to
cause death or endanger a person's life; and thereby committed an offence punishable under
Pakistan Army (Amendment) Act, 2017 read with section 6 (2) (d) of the Anti Terrorism Act,
1997.
Fourth charge.
PAA Section-59

In that he, at Bannu on 18th October 2016, was found in possession of following fire-arms;
a. lx Sub Machine Gun fitted with drum magazine.
b. lx Kalakofe fitted with normal magazine.
c. 2x pistols with spare magazines.
Fifth charge.
PAA Section-59
In that he, at Bannu on 18th October, 2016, was found in possession of following explosive;
a. 20x rounds of Sub Machine Gun.
b. 10x rounds of Kalakofe.
c. 10x rounds of pistol
WPs. Nos. 4309 and 4308-P/2018.
Brief history of the petitions filed by petitioners Sakhi Marjan (father of convict Zar
Muhammad) and Allah Noor brother of (convict Alif Khan) are that, both the convicts were
arrested on 18.4.2017 and 31.3.2017, respectively and thereafter they were shifted to Central Jail,
Kohat and through print media, they came to know about the sentence, while as per record so
produced before the Court by the respondents, the convicts/internees were involved in alleged
explosion of improvised device upon security forces of 133 Wing South Waziristan, Scouts, near
Zoaiba Post-2 Angoor Adda and resulted 2 Shaheed namely Naib Subedar Gul Tayaz, Lance
Naik Muhammad Rafique and 2 others namely Lance Naik Abdul Razzak and Sepoy Shoaib of
133 Wing. The convicts/internees were arrested on 21.4.2017 and 31.3.2017, respectively and
interned on 20.10.2017. During investigation they confessed the guilt by recording confessional
statement in July 2017. On commencement of trial, they were charge sheeted with the following
charges:-
First charge.
PAA Section-59
In that they, near Zoaiba-2 post Angoor Adda (South Waziristan Agency) on 22nd March,
2017, along with terrorist commanders Nasrullah and Behnoor, attacked the troops of 133 Wing
South Waziristan Scouts, by planting/exploding 2x Improvised Explosive Devices, which
resulted into death of following soldiers and injuries to 2x other soldiers of the said Wing; and
a. Naib Subedar Gul Tayaz.

b. Lance Naik Muhammad Rafiq.
Second charge.
PAA Section-59
………………………
……………………….
Third charge.
PAA Section-59
against accused No. 1 .
………………………
……………………….
Fourth charge.
PAA Section-59

In that he, at village Aizah, near Angoor Adda (South Waziristan Agency) on 31st March,
2017, was found in possession of following fire-arms; and thereby committed an offence
a. 1 x Sub Machine Gun.
b. lx 30 bore pistol.
c. 2x Magazines of pistol.
d. 2x Magazines of Heavy Machine Gun.
Fifth charge.
PAA Section-59
In that he, at village Aizah, near Angoor Adda (South Waziristan Agency) on 31st March,
2017, was found in possession of following explosive; and thereby committed an offence
a. 8x rounds of Rocket Propelled Grenade-7.

b. 7x Propelled Charges of Rocket Propelled Grenade-7 (large)
c. 12x Propelled Charges of Rocket Propelled Grenade-7(small)
d. 124x rounds of 7.62 millimeter.
e. 22x rounds of pistol.
f. 9x Grenades with Fuze.
g. 2x Kilograms Explosives.
To establish the charges against the convicts/internees, prosecution produced Four

Witnesses, who were examined and crossed examined and thereafter statement of internees /
convicts was recorded and on conclusion of trial the internees / convicts were awarded death
penalty.
W.P No. 4558-P/2018.
Brief history of the petition filed by petitioner Ajmal Khan son of Pathi Khel is that, his son /
convict Bakhtullah Khan was arrested on 24.7.2017 by the security forces and shifted to
unknown place. On 11.9.2018 through media news clipping petitioner came to know qua
sentence, while as per record, so produced by the respondents, the convict / internee was
affiliated with Tehreek-e-Taliban, Pakistan and involved in number of terrorist activities. On 6th
May 2012, convict allegedly participated in an attack on security forces (Quick Reaction Force
ex-36 Baloch and Tochi Scouts) at Khatti Killi, Shana Khawara which resulted into shahadat of
17x soldiers while 39 x soldiers got injured. The convict/internee was apprehended on 28th July
2017 and thereafter during investigation confessed the guilt by recording confessional statement
on 1.1.2018. On commencement of trial, convict / internee was charge sheeted with the
following charge:-
PAA Section-59
say attacking the Armed Forces of Pakistan / Law Enforcement
Agency
In that he, at Khatti Killi (North Waziristan Agency) on 6th May 2012, along with others,
attacked the Quick Reaction Force of 36 Baloch and Tochi Scouts, by firing with weapons of
different caliber, which resulted into death of following soldiers and injuries to 39x soldiers; and
a. Sepoy Mukhtiar Ali.
b. Havildar Ghulam Yasin.
c. Lance Naik Zahid Ali.
d. Naik Mehboob Ali.
e. Havildar Syed Ali Ahmed Shah.
f. Havildar Muhammad Ali.
g. Sepoy Muhammad Sharif ex 36 Baloch.
h. Sepoy Muhammad Arif ex 36 Baloch.
i. Sepoy Zeeshan Haidr Khan ex 36 Baloch.

J. Sepoy Mukhtar Ali ex 36 Baloch.
k. Sepoy Zulfiqar Ahmad ex 36 Baloch.
l. Sepoy Muhammad Awias ex 36 Baloch.
m. Sepoy Ghazi Khan ex 36 Baloch.
n. Sepoy Ejaz Ahmad ex 36 Baloch.
o. Sepoy Younis Khan ex 36 Baloch.
p. Sepoy Arshad Iqbal ex 36 Baloch.
q. Signalman (operator signal) Ahmad Khan ex 463
Signal Company.
W.P No. 3650-P/2018.
Brief history of the petition filed by petitioner Pir Zada son of Azeem Khan is that, his son
Zia ur Rehman/convict was arrested by the security forces on 28.7.2015 and shifted to unknown
place. Petitioner searched for his son but in vain, however, after passing of three years, petitioner
came to know regarding the sentence, while as per record so produced by the respondents, the
convict/internee was affiliated with Tehreek-e-Taliban Swat TTS and involved in number of
terrorist activities. In July 2015, convict allegedly along with others accomplices masterminded
and planned the attack on Superintendent of Police Elite Fore Bannue which resulted into death
of.... In 2012 the convict was allegedly involved in killing of Law Enforcement personnel to
include Police Constable, Raj Muhammad, constable Iftikhar, constable Ijaz and constable Sabir
Khan. To this effect FIRs No. 65 dated 16.7.2015, FIR No. 784 dated 26.10.2012, FIR No. 1239
dated 13.12.2013, FIR No. 45 dated 24.1.2014, FIR No. 93 dated 7.12.2015 and FIR No. 80
dated 23.10.2015, were lodged The convict/internee was arrested on 28th July 2015 and during
investigation he recorded his confessional statement on 17.10.2017. On commencement of trial,
he was charge sheeted with the following charges:-
First charge.
PAA Section-59
In that he, at Meer Ahmed Khel (Swabi) on 18th July 2015, abetted civilian Javid Khan alias
Zarar (accused No.2) and other in causing death of.... Superintendent of Police, Elite Force
Bannu, by pointing/identifying him to civilian Javid Khan, in consequence of the said abetment,
civilian Javid Khan alias Zarar (accused No.2) killed the said police officer by firing with 30
bore pistol; and thereby committed an offence punishable under Pakistan Army (Amendment)
Act, 2017.
Second charge.
PAA Section 59
…………………………
………………………..
Third charge.
PAA Section-59
In that he, at Dagai Yaar Hussain road (Swabi) on 26th October, 2012, along with others by
firing with 9 millimeter pistol caused death of Head Constable Raj Muhammad, Swabi Police
Special Branch; and thereby committed an offence punishable under Pakistan Army
Fourth charge.
PAA Section-59
In that he, at Swabi-Topi Raod (Swabi) on 23rd December, 2013, along with others by firing
with 9 millimeter pistol caused death of Police Constable Iftikhar Ali and Ijaz; and thereby
Fifth charge.
PAA Section-59
against accused No.1 .
In that he, at Mardan-Swabi road (Swabi) on 24th January 2014, along with others by firing
with 9 millimeter pistol caused death of Police Constable Muhammad Sabir Khan, of Special
Branch; and thereby committed an offence punishable under Pakistan Army (Amendment) Act,
2017.
Sixth charge.
PAA Section 59
………………………..
……………………….
Seventh charge.
PAA Section 59

………………………..
……………………….
3. We have heard learned counsel for the parties and record so produced, gone through with
their valuable assistance.
4. Before dilating upon the facts, circumstances, prosecution evidence, confessional statements
etc and all the relevant record so produced in all the connected writ petitions, in the shape of
photocopies by the respondents/relevant authorities, it would be imperative to discuss the
maintainability of the writ petitions and to what extent, as all the convicts have been proceeded
under the Pakistan Army Act, 1952 and Pakistan Army Act Rules, 1954, constitutional 21st
Amendment Act, 2015, and constitutional 23rd Amendment Act, 2017.
5. The apex court of the country while taking cognizance of the situation and prosecution of
civilians under section 59 of the Pakistan Army Act, 1952 (Act No. XXXIX), of 1952 and
subsequent constitutional 21st Amendment introduced vide Act No. 1 of 2015, dilated upon the
issue in its three judgments reported in PLD 2015 Supreme Court 401 titled "District Bar
Association, Rawalpindi and others v. Federation of Pakistan", which is of full bench of Supreme
Court and in the case of "Said Zaman Khan and others v.Federation of Pakistan through
Secretary Ministry of Defence and others reported in 2017 SCMR 1249. Wherein it has been
held that any order/sentence passed by any forum including military courts, is open for judicial
review under Article 199 of the Constitution of Pakistan to the High Court and under Article 184
(3) to the Supreme Court of Pakistan on grounds of (i) jurisdiction, (ii) Mala fide, (iii) Malice in
Law, (iv) Infringements of rights, (v) violation of Law, (vi) non-treating as per law and unfair
trial.
6. In the reported judgment PLD 2015 SC 401, the amendment i.e. constitutional 21st
Amendment Act, No. 1 of 2015, has been elaborately discussed in view of different
constitutional provisions by holding it a lawful and legal document and within the basic structure
of the constitution. It may be pointed out here that 21st Amendment Act No. 1 of 2015 was a
sunset legislation i.e. for a period of two years, therefore on its expiry 23rd Amendment Act, XII
of 2017, was promulgated from 07.01.2017, for yet another period of two years. Precisely vide
the said judgment, while discussing all other aspects, in reference to Pakistan Army Act No.
XXXIX, 1952, it has been held that ouster of jurisdiction of High Court under Article 199 (3) of
the Constitution was not relevant where the impugned proceedings, action, or order of Military
Court was without jurisdiction, coram non judice and mala fide etc.
7. In the reported judgment, in the case of "Said Zaman Khan and others v. Federation of
Pakistan" reported in 2017 SCMR 1249, the Hon'ble Apex court while dilating upon the
convictions and sentence awarded by Field General Court Martial (FGCM) or other forums
under the Pakistan Army Act, 1952, as amended by Pak Army Amended Act, 2015, was
subjected to judicial review both by the High Court and the Supreme Court, inter alia, on the
ground of coram non judice, without jurisdiction or suffering from mala fides including malice
of law, and has defined the said propositions of law. While defining corum non judice, words
and phrases it has been held as under;--
(c) Coram Non Judice
"Coram non judice, was a fatal flaw germane to the very constitution of the judicial forum
rendering its proceedings non est in the eye of law. - - Forum may be vested with the jurisdiction
yet its actions may be invalid, if such forum had been set up in clear and absolute violation of the
law applicable in such behalf.
(f) Malice---
----'Malice of fact' and 'malice in law'---Distinction and proof.
Where any action was taken or order passed by any forum not with the intention of fulfilling
its mandate or to achieve its purpose but was inspired by a collateral purpose or instigated by a
personal motive to wrongfully hurt somebody or benefit oneself or another, it was said to suffer
from 'malice of facts'. In such cases, the seat of the malice or bad faith was the evil mind of the
person taking the action be it spite or personal bias or ulterior motive. Mere allegations, in such
behalf, did not suffice. Malice of fact must be pleaded and established at least prima facie on
record through supporting material.
All persons purporting to act under a law are presumed to be aware of it. Hence, where an
action taken was so unreasonable, improbable or blatantly illegal that it ceased to be an action
countenanced or contemplated by the law under which it was purportedly taken malice would be
implied and the act would be deemed to suffer from 'malice in law' or 'constructive malice'. Strict
proof of bad faith or collateral propose in such cases may not be required.
(g) Pakistan Army Act (XXXIX of 1952)---
----S. 97---Constitution of Pakistan, Arts. 184(3) & 199---Conviction and sentence awarded
by Field General Court Martial (FGCM)---Judicial review---Ground---Mala fides of fact'---Any
proceedings taken, convictions and sentences awarded by the Field General Court Martial
(FGCM) could be called into question on the ground of mala fides of fact i.e. being tainted with
bias or bad faith or taken for a collateral purpose or inspired by a personal motive to hurt a
person or benefit oneself or another---Mere allegation that an action had been taken wrongly was
not sufficient to establish mala fide of fact---Specific allegations of the collateral purpose or an
ulterior motive must be made and proved to the satisfaction of the Court.
Chief Justice of Pakistan Iftikhar Muhammad Chaudhry v. President of Pakistan through

Secretary and others PLD 2010 SC 61; Ex-gunner Muhammad Mushtaq and another v. Secretary
Ministry of Defence through Chief of Army Staff and others 2015 SCMR 1071; Ex. Lt.-Col.
Anwar Aziz (PA-7122) v. Federation of Pakistan through Secretary, Ministry of Defence,
Rawalpindi and 2 others PLD 2001 SC 549; Ghulam Abbas v. Federation of Pakistan through
Secretary, Ministry of Defence and others 2014 SCMR 849 and Mushtaq Ahmed and others v.
Secretary, Ministry of Defence through Chief of Air and Army Staff and others PLD 2007 SC
405 ref
(h) Pakistan Army Act (XXXIX of 1952)---
by Field General Court Martial (FGCM)--Judicial review---Grounds---'Malice in law'---Any
decision of the Field General Court Martial (FGCM) could be challenged on the ground of
malice in law or constructive or implied malice for which purpose it was sufficient to establish
that the action complained of was not only illegal but so unreasonable and improbable that it
could not be said to be contemplated or countenanced by the law where under such action had
purportedly been taken---Malice in law would include an act done wrongfully and willfully
without reasonable or probable justification.
(i) Pakistan Army Act (XXXIX of 1952)---

by Field General Court Martial (FGCM)---Judicial review---Grounds---'Coram non judice' and
'without jurisdiction'---Where there was a fundamental legal flaw in the constitution of the Field
General Court Martial (FGCM) the actions taken thereby would be Coram non judice and hence,
also without jurisdiction---Actions complained of could even otherwise be without jurisdiction, a
separate and independent ground available to challenge the sentences and convictions of the
FGCM, therefore, it must necessarily be examined whether the FGCM had the jurisdiction over
the person tried and the offence for which such trial had taken place and to ascertain existence or
otherwise of any other defect or a gross illegality in the exercise of jurisdiction denuding the
same of validity.
(j) Pakistan Army Act (XXXIX of 1952)---
----S. 97---Constitution of Pakistan, Art. 199---Conviction and sentence awarded by Field

General Court Martial (FGCM)---Judicial review by the High Court---Scope---Powers of judicial
review under Art. 199 of the Constitution, against the sentences and convictions of the Field
General Court Martial (FGCM) was not legally identical to the powers of an Appellate Court---
Evidence produced could not be analyzed in detail to displace any reasonable or probable
conclusion drawn by the FGCM nor could the High Court venture into the realm of the "merits"
of the case---High Court could, however, always satisfy itself that it was not a case of no
evidence or insufficient evidence or the absence of jurisdiction.
8. The perusal of above quoted judgments of the apex court and finally the judgment of our
own High Court, in the case of Muhammad Ayaz v. Superintendent District Jail, Taimergara,
District Lower Dir and 3 others reported in (PLD 2018 Peshawar 1), it is held that, High Court,
in its constitutional jurisdiction only had the legal mandate to positively interfere with the
decision of the Military Courts, on certain fundamental grounds i.e. If the case of the prosecution
was based, firstly, on no evidence, secondly, insufficient evidence, thirdly, absence of
jurisdiction, finally malice of facts and law.
9. On merits each and every case individually, argued by the private counsel of the
convict/petitioners and the sacred record, photocopy of which delivered at the time of arguments
by the respondents/representative of the Field General Court Martial (FGCM)/Military Personnel
in civil dress along with with Deputy Attorney General and AAG also heard and record
examined.
10 It is observed from the record, so produced that they have erased each and every date, the
names of the prosecution's witnesses, their designations, and many other things. On the direction
of this court the record was made available to the learned counsel for the convicts/petitioners, but
for a very short time and they were permitted to take their own notes and that too with a pencil.
By the end of arguments since it was observed that all these proceedings of the prosecution are
based only on confession/judicial confession, representative were directed to produce the list of
Judicial Magistrates, who recorded the same as all the particulars on the confessional statements
so recorded were erased by them in the photocopies, which after much discussion were provided
in a sealed envelope with the assurance from court that the same will not be published or be
made public in order to protect the said judicial officers from any harm in the hands of terrorist.
The said document is with the Court Officer and will not be placed on record whereas rest of the
entire record in the shape of Photostat has been made part and parcel of the file/writ petition.
11. The perusal of entire record in each and every case would show that none of the convict was
ever, by name mentioned or nominated in any of the report, so formulated or registered by the
prosecution. In majority of the cases there is no FIR or any authentic report of the PATA/FATA
authorities in this respect. Even in the secret reports of the prosecution/Army/Intelligence no one
has been named till the time, someone was apprehended/arrested and he was shifted to the
internment center, where each and every one who has been apprehended or arrested from
anywhere in the down country, is framed in a particular charge and then after years of
confinement, he is abruptly produced before the authorities for recording of confessional
statements and that too in the same tone and language and then before the Field General Court
Martial (FGCM). In the case reported in PLD 1976 Supreme Court 57, titled Islamic Republic of
Pakistan through Secretary, Ministry of Interior and Kashmir Affairs, Islamabad Referring
Authority v. Abdul Wali Khan, M. N. A., Former President of Defunct National Awami Party,
the apex Court in similar situation has held as under:-
(n) Evidence Act (I of 1872) -
----S. 3---Hearsay evidence-Spy-Informer-Oral evidence based purely on hearsay-Not

admissible unless informant, or source of evidence, produced to give evidence-Such sources, in
most cases, either spies or informers-Authenticity of source of such information-Not on higher
level than evidence of spy or informer-Courts usually tend to look upon such evidence with some
"degree of disfavour"- Spy or informer not called in to support version given by him-Reliability
of report based on information given by spy or informer not enhanced even if coming through
agency of a very highly placed responsible officer.
(o) Evidence Act (I of 1872)---
-----S. 35-Source Reports, evidentiary value of-Material contained in source or intelligence

reports-May well be of great value for executive decisions-For purposes of judicial inquiry,
however. such reports of no assistance at all unless authorities concerned prepared to produce
sources themselves for giving evidence before Court-Adoption of such course, however, tending
to expose such sources to grave personal dangers and to destroy entire intelligence collecting
system of Government, source material collected from foreign countries accepted and allowed to
be drawn upon only to such extent as it stood corroborated from happenings of events mentioned
in report provided such events established all under by reliable evidence.
The material contained in such source or Intelligence Reports may well be of great value so far
as executive' decisions are concerned, but for the purposes of a judicial enquiry, they cannot be
of any assistance at all unless the authorities concerned are prepared to produce the sources
themselves for giving evidence before the Court. This the authorities have not done in the present
case on the ground that to do so would expose the source to grave personal dangers and destroy
the entire intelligence collecting system of the Government. The Attorney-General, therefore,
suggested that so far as information collected from foreign countries is concerned, the source
material may be accepted by relaxing, if necessary, the rules of evidence, as indicated in an
earlier order of the Court for otherwise, it would amount to asking him to discharge an almost
impossible onus. The Court held that it was not unconscious of his difficulties and, therefore,
will allow him to draw upon the source report only to the extent that it has received
corroboration from the happening of the events mentioned in the report, if those events have
been established aliunde by reliable evidence. Thus, if the source report discloses that a certain
line of action is planned or proposed to be taken by certain persona and such actions do in fact
take place, then to the extent that the actions take place, the source report may be relied upon as
confirmation of the fact that the action was taken in pursuance of a plan as ascribed to in the
report.
Likewise, in the case reported in 1982 SCMR-321, titled The State v. Asfandyar Wali and
two others it was held as under:--
(c) Evidence Act (I of 1872)---
----S. 35-Intelligence reports-Admissibility-Evidence of witness based on intelligence

reports and witness not author of such reports Such evidence, held, inadmissible in evidence.
12. The proceedings after the arrest of each and every convict are exactly the same, to a question
where one of the convict has said NO or YES the same is till the last, convict/petitioner. No one
has deviated from the principle stand of the prosecution where-under they are required to
produce the evidence, recorded the confessional statement, except the presence of private
counsel nominated by the prosecution etc and finally the plead guilty statement. There is no eye-
witness of the occurrence or for the presence of convicts even, the injured were never produced
in any of the case reflecting that all the proceedings conducted by three such courts established,
had a clear mind-set.
13. Tentatively, to be discussed later on, the entire judicial confessional statements recorded in
Urdu are in one and the same hand writing and in one specific tone/style. All these facts and
figures are to be discussed as, in view of the above legal premises/parameters defined by the
apex court, permit this court to dilate upon, specially Article 10(A) of the Constitution of Islamic
Republic of Pakistan which guaranteed fair trial to its citizen and admittedly all the convicts are
Pakistani civilians, illiterate and Pushto speaking citizens. In the case of Waris Ali and 5 others
v. The State (f) (g), reported in 2017 SCMR-1572, it was held as under:-
(f) Interpretation of statutes---
----"Penal statute"---Scope---Whenever a penal statute required interpretation, it shall be

interpreted in a way which favored the accused person and not the State---If statute was
susceptible to two interpretations, then it must be interpreted in favour of the accused.
(g) Constitution of Pakistan---
----Art. 4(1)---Right to be dealt with in accordance with law--Scope---If any citizen was
triable under the ordinary penal law of the land, then, treating him harshly under a special law,
not clearly applicable to him, would be a violation of Art. 4(1) of the Constitution.
14. The conduct of the prosecution as well as the security agencies, in relation to the present
convictions could be discussed as by now the agencies are not security agencies rather have
become prosecutors and as such the norms of justice in view of the Cr.P.C and Qanun-e-
Shahadat Order, 1984 are to be taken into consideration.
15. The record so produced in all the cases, which is in the shape of photocopies, names,
designations and dates including the signatures are erased, reasons best known to the
respondents. In all the cases there are four prosecution witnesses except 3/4 cases where 5/7
witnessed entered in the witness box. It is admitted at the bar that for Khyber Pakhtunkhwa there
were in all three Field General Court Martial (FGCM) Courts and each and every document on
file would show that all the three courts were functioning on one and the same patron not even a
single accused has deviated, differently to the questions put on him. None of the accused/convict
has objected to the President of the said courts. The waiting member in all the proceedings was
directed to withdraw from the court rooms and then he withdraws. The questions put to the all
accused are one and the same with exactly the same answers in all the cases. Even for the
purpose of engaging private counsel the same format would reflect there were planed proceeding
in all the three said courts. For ready reference the proceedings on plea of not guilty, decision of
the court in this respect are quoted as under;-
PROCEEDINGS PLEA OF NOT GUILTY.
Question to accused.
Do you wish to apply for adjournment on the ground that any of the rules relating to the
procedure before the trial have not been complied with, and that you have been prejudiced
thereby or on the ground that you have not had sufficient opportunity for preparing your
defense?
Answer by the accused. No.
Do you wish to engage a Civil Defense Counsel of your own choice to plead your case at
your own expense?
Answer by the accused. No.
Do you wish that Civil Defense Counsel be provided to you at state expense or you want to
defending officer to plead your case?
Answer by the accused. I want services of Civil Defense
Counsel on State expense.

DECISION BY THE COURT.
The court decides, that as desired by the accused, a Civil Defense Counsel be engaged to
plead the case of the accused on state expense, and therefore, the court should be adjourned.
Then one and the same counsel.
16. The prosecution first witness in all the cases, although a different person but in a same
language, patron and tone has recorded his statement except the date and time of occurrence with
the names of the casualties. The said witness is crossed examined by the defense counsel, which
again if compared in all the cases, in the same waves and then there is a re-examination by the
prosecutor and questioned by the court in which same language has been used not only by the
same court but by all three courts. Same is the position of second to fourth prosecution witnesses
then cross examined by the defense counsel, re-examination by the prosecution and question by
the court. In the defense statement none of the accused intended to call any witness in defense
with a big answer of NO. All the accused/convicts very consistently replied to the question,
"have you anything to say in your defense, and they said YES" and then the statement of the
accused/convict would show that whatever he/they were briefed in the internment center and
witness No. 1 has uttered in his evidence before court, and he/they narrated in the confessional
statement and finally in the statement so recorded in the court. It is important to mention here
that all the proceedings are in English except judicial confession. It is also appreciated that the
accused/convict in each and every case was cross examined by the prosecutor, reexamined by the
defense counsel, and then questioned by the court. This court was able to go through certain
numbers of files record; clearly showing that one and the same patron of the questions were put
and replied. The witness to the character of the accused in almost all cases was asked exactly
similar questions by the President of the proceedings; reply was the same and in the end it has
been typed that the defense counsel declines to cross examine this witness. The parties decline to
suggest any questions. In the end of the proceedings a question to the accused was put i.e. "Do
you wish to address the court, answer by the accused, I have done all these deeds considering
them a just cause however, now I realized that I has suffered a lot and except my follies I should
be treated leniently and given a chance to prove myself as a changed man and become a useful
member of the society." Such working in all the cases is observed. The accused after remaining
in the Internment Centres for years astonishingly remember the date, time and minutes, which is
witnessed for the first time in the criminal proceedings. The confessional statements recorded
after accused remained in police custody even for six days and then he was handed over to the
investigating officer after recording of his confessional statement is always discouraged. These
defects have been declared as material and in these circumstances the confessional statement
would become unbelievable. Likewise such confessions would be concocted easily, therefore,
the same are always looked with doubt and suspicion. The extra judicial confession could be
taken as collaborative of the charge if it, in the first instance, ranged true and then found support
from other evidence of unimpeachable character, which is totally missing in all the cases,
discussed herein. It has been time and again held by the Courts that if the other evidence lacked
such attribute, such confession had to be excluded from consideration. Since, long it has become
a practice that the Courts generally refrained from basing conviction solely on confession and
have always sought for same reliable collaborative evidence regarding material particulars in the
confessional statements. In the instant cases, the confessional statements are belated and
retracted one ranging from six months to five / eight years. In this respect the law which has
developed is 2016 SCMR-1144, 1995 SCMR-351, 2009 SCMR-04 and PLD 2012 Pesh. 22.
17. In certain cases there are FIRs on record, in which there are number of accused as well, by
name and according to the petitioners/convicts the co-accused were treated under the normal law
and the accused arrayed in those cases have been acquitted as well. Whereas Maj: Kashif and
Col: Rizwan along with Deputy Attorney General and Assistant Advocate General categorically
stated at the bar that they have no record to the effect as they have no liaison with the civil
administration. Even time was given to produce such record to which the reply was the same.
Few such acquittal orders are placed on record by the petitioners.
18. On record there are certain death certificates, but no postmortem report is available,
regarding injured, as already observed that not even a single injured was produced in any of the
case. A document placed on each and every file under the heading Secret Part-II, the date of
apprehension from the area (arrest) is erased and subsequently he was interned on the date
mentioned therein which is months and months apart. Nothing is on record that during this
period where accused/convict was kept. There is nothing on record showing that for months and
months in the internment center accused/convict was in whose custody and was kept in which
condition, who took them before the Judicial Magistrate for recording the confessional statement
and thereafter; to whom they were handed over. During the period of internment or the period
when trial was under process whether any accused was given excess to the relatives because in
number of cases the complaints were received in the Human Right Cell, P.H.C.P, regarding the
missing of convicts by the parents, spouses and the children/close blood relatives, which
complaints were converted into writ petition, and when put to notice, the respondents for months
and months sought time for replies. The matters were delayed for a considerable time and during
this time they used to inform the court that "NOT HELD" and subsequently in some of the cases
they came up, that so and so is held in the interment centers. The reasons for giving these
particulars are to show that no independent advise was available to the accused during their
confinement and trial and all the proceedings are like the Police formula of untraced cases.
19. After the provisions of private defense counsel and that too; on State expense the
respondents/prosecution did engage private counsel belonging to the Province of Punjab and
his standing at the bar seems to be, not more then 5/6 years. How, he represented the
accused/convicts and in which language and at which place he used to consult them is a mystery.
Even the face/photo of learned counsel on the photocopy of I.D card issued by Punjab Bar
Council has been erased.
20. We have before us the confessional statements of almost all the convicts and we appreciate
with naked eye that all of them are recorded in one and the same handwriting. All these
statements have been thumb impressed by the accused/convicts with no mention of identity card
number etc. Although the Judicial Magistrate have signed the same confession but nothing is on
record showing that all the formalities for recording the judicial confessional statements were
complied with or not? However one thing is very much clear that they were produced by the
prosecution and after recording their confessional statements they were handed over to the same
persons. These confessional statements were recorded after much delay from the date of arrest,
confined in internment center, when they were having no excess or the facility to meet their
relatives even the parents/close blood relations. Nothing is on record to justify, which was even
otherwise the responsibility of the prosecution to show, that they were having independent
advice at their arms, before the confession and during trial. In the case of STATE v. Asfandyar
Wali and 2 others reported in 1982 SCMR-321, (a), (b) and (c) it was held as under:-
(a) Criminal Procedure Code (V of 1898)--
----S. 164-Confession-Coercion-Confession obtained after six weeks of detention in Police

custody-No remand order or order for such detention produced-Confession having been obtained
after keeping accused in illegal Police custody for six weeks, held, justifiably refused to be
accepted as genuine.
(b) Criminal Procedure Code (V of 1898)--
----S. 164-Confession-Coercion-Accused kept in dungeons of a medieval Fort depicting

ghastly picture of grave where none could maintain balance of his mind, even if kept for a day-
Such dungeons " dark and dingy where none could keep his stamina in tact and in order to get
temporary relief would be prepared to take any course even though detrimental to him-
Confession recorded during such a situation, held, can hardly be said to have not been obtained
under coercion.
(c) Criminal Procedure Code (V of 1898)-
----S. 164-Confession-Coercion-Magistrate's duty-Delay in recording confession absolutely

shocking-Accused literally produced from dungeons of a medieval Fort-Such circumstances
having invited suspicion, Magistrate recording confession, held, ought to have questioned
accused about his treatment in custody and should have satisfied for himself as to accused's
body having not borne any marks of ill-treatment-Elementary safeguards for recording
confession having been disregarded, no reliance, held, can be placed on confession.
Likewise, in the case titled as Muhammad Pervez and others v. The State and others,
reported in 2007 SCMR-670, it was held as under:-
(a) Penal Code (XLV of 1860)---
----Ss. 395, 396, 397, 412 & 148---Criminal Procedure Code (V of 1898), S.164---
Reappraisal of evidence---Judicial confession---Unexplained delay---Exculpatory statement---
Return of accused to police custody after recording their confession---Accused, after their arrest,
were subjected to torture and thereafter confessional statement was recorded before Magistrate---
Trial Court as well as Federal Shariat Court mainly relied upon the confessional statement of
accused and convicted and sentenced them to life imprisonment---Plea raised by accused was
that confessional statement was recorded with unexplained delay and was a result of torture---
Validity---Delay of over 24 hours would normally be fatal to acceptance of judicial confession
and prosecution failed to explain the delay in recording of confessional statement--Such delay
created doubt regarding confessional piece of evidence---Mere delay of 24 hours in recording
confessional statements was not fatal but surrounding circumstances were also to be considered
regarding believing or not believing confessional statement---Accused were tortured by police,
therefore, courts below were not justified to come to the conclusion that confessional statement
was voluntarily made by accused---Accused, after recording of confessional statement were
handed back to police, such type of confession was irrelevant---Accused remained in police
custody before and after recording confession for 24 hours and Magistrate had taken only one
hour to record confession of the accused, such type of confession would not fall in the category
of voluntary confession---Both the courts below erred in law to accept confessional statement,
which was exculpatory in nature---Statements of eye-witnesses-was not in consonance with each
other and there were material contradictions and improvements in their statements which were
not noted by Federal Shariat Court in their true perspective---Person making improvements could
not be held worthy of credence---Supreme Court converted petition for leave to appeal into
appeal and set aside the conviction and sentence awarded to accused by the courts below---
Appeal was allowed.
In the case, reported in 2017 SCMR-713, titled Muhammad Ismail v. The State, the apex
Court has held as under:-
The most important factors and required standards of confession may be cited below:-
"It should be ensured,

(i) that the accused is in full senses and understands the consequences of making a confession;
(ii) that, the confession was not a result of any duress, coercion or any promise by the
prosecution, to be made an approver;
(iii) that, during transit of the accused by the police from and to the Trial Court from the prison,
on each "Paishi" no threat or pressure was applied by the escorting police guard or incharge
thereof;
(iv) what were the actual facts, which induced the accused to confess after facing trial, during
which he pleaded innocence all the way;
(v) the court recording the confession has to ensure that the mental capacity of the accused is
not diminished due to any illness and if some indication of abnormality is suspected by the
Court, it is better to refer the accused to the Standing Medical Board to ascertain the true cause
thereof;
(vi) While recording the confession, the same safeguards and precautions be adopted, by
directing the Public Prosecutor, the complainant's counsel, the Naib Court and all other officials
to leave the Court. If need be, the counsel who represents him, may be given an opportunity to be
present inside the Court during the whole process, if the accused person, on asking by the Trial
Judge, so demands;
(vii) the handcuffs of the accused be removed and he be provided a chair on the dais. He may be
given some time to think over the making of the confession and in that regard particular
questions be put to him, as to why he was making the confession when he has already pleaded
innocence and claimed trial at the time, the formal charge was framed;
(viii) the Trial Judge shall explain to the accused that, in case of making confession, he has to
face a capital sentence in a murder case or any offence punishable with death;
(ix) the entire record of all the questions and answers recorded, be properly maintained and
thereafter, a proper certificate be appended thereto, showing the satisfaction of the Trial Judge
that the accused person was not mentally sick and he was making the confession voluntarily,
based on true facts and that, there was no other compelling reason behind that.
As the above procedure was not adopted, therefore, it was incorrectly construed by the
Courts below as confession of the accused. Under the law, it may be treated as an admission of
the appellant, however, on the basis of admission alone, accused person cannot be awarded a
capital punishment because admission, as has been defined by Article 30 of the Qanun-e-
Shahadat Order, 1984, is only a relevant fact and not a proof by itself, as has been envisaged in
Article 43 of the Order, 1984, where a proved, voluntary and true confession alone is held to be a
proof against the maker therefore, both the Courts below have fallen in error by treating this
halfway admission to be a confession of guilt on the part of the appellant.
It is a bedrock principle of law that, once a Statute or rule directs that a particular act must
be performed and shall be construed in a particular way then, acting contrary to that is impliedly
prohibited. That means, doing of something contrary to the requirements of law and rules, is
impliedly prohibited. Therefore, it is held that the admission of the appellant cannot be a
substitute for a true and voluntary confession, recorded after adopting a due process of law and it
cannot be made the sole basis of conviction on a capital charge.
Similarly in the case reported in 2016 SCMR-274, (c) Azeem Khan v. Mujahid Khan, a
view has been rendered which reads as under:-
(c) Criminal Procedure Code (V of 1898)-
----Ss. 164 & 364--High Court (Lahore) Rules and Orders, Vol.III, Chap. XIII---Judicial
confession before Magistrate, recording of---Procedure and precautions to be observed by
Magistrate for recording judicial confession of an accused.
Following procedure and precautions are to be observed by a Trial Court for

recording judicial confession of an accused.
Before recording confession and that too in crimes entailing capital punishment, the
recording Magistrate had to essentially observe all the mandatory precautions (laid down in the
High Court Rules and Orders). Fundamental logic behind the same was that, all signs of fear
inculcated by the investigating agency in the mind of the accused were to be shed out and he was
to be provided full assurance that in case he was not guilty or was not making a confession
voluntarily then in that case, he would not be handed over back to the police. Thereafter,
sufficient time for reflection was to be given after the first warning was administered. At the
expiry of such time, recording Magistrate had to administer the second warning and the accused
shall be assured that now he was in the safe hands. All police officials whether in uniform or
otherwise, including Naib Court attached to the Court must be kept outside the Court and beyond
the view of the accused. After observing all these legal requirements if the accused person was
willing to confess then, all required questions as formulated by the High Court Rules and Orders
should be put to him and the answers given, be recorded in the words spoken by him. Statement
of accused should be recorded by the Magistrate with his own hand and in case there was a
genuine compelling reason then, a special note was to be given that the same was dictated to a
responsible official of the Court like stenographer or reader and oath shall also be administered
to such official that he would correctly type or write the true and correct version. In case, the
accused was illiterate, and made a confession, which was recorded in another language i.e. Urdu
or English, then the same should be read-over and explained to him in the language he fully
understood, and thereafter a certificate, as required under section 364, Cr.P.C. with regard to
these proceedings should be given by the Magistrate under his seal and signatures and the
accused shall be sent to jail on judicial remand and during this process at no occasion he shall be
handed over to any police official/officer whether he was Naib Court wearing police uniform, or
any other police official/officer, because such careless dispensation would considerably
diminish the voluntary nature of the confession, made by the accused.
21. In almost all the writ petitions there is no order of conviction/sentence showing that it was
communicated to the said relatives as they are alleging that they came to know regarding the
conviction and sentence through press. There is nothing on record showing that during trial the
relatives, who were frequently requesting for a meeting with the apprehended/accused in
interment center, were informed or were of the knowledge regarding the trial proceedings.
Before this court in all the writ petitions, the relatives have engaged costly and senior counsel
which reflects that during trial the same facility was not made available to the accused/convicts.
Out of the lot in seventy plus cases, no one opted for engaging a private counsel at their own
expenses but the fact is obvious that it was a complete prosecution show and accused / convicts
were denied of their legal and fundamental right for engaging a private counsel at their expenses.
The so-called private counsel at state expenses was just a dummy, to fill in the blanks in this
respect as is done in all other proceedings.
22. The PWs 1 and 2 in all the cases narrated the story as in the confessional statement so
obtained from the accused/convicts. The court statement of the accused is exactly in the same
patron as in all the cases. Even the witness to signing of voluntary statement by the accused, also
belongs to the prosecution confirming that there was a complete prosecution.
23. In each and every case the photocopies of the record so provided, each and every date,
designation, signature has been erased however, probably inadvertently few such dates have been
left un-attended by the respondent. In W.P. 3461- P/2018, the Judicial Magistrate has recorded in
response to question No. 5 that how long you have been in police custody? Since these
documents of the prosecution are entirely same in all the cases, therefore word police has not
been erased. In response to the same the accused convicts says, in army custody since
03.07.2016 and at the bottom RO&AC date is given 12.07.2017 which means that exactly after
one year and nine days of his custody with army he was produced for confessional statement.
Such proceedings could not be put to any prudent mind for the purpose of criminal trial and that
too for the conviction and capital sentence. Even in the deep appreciation while going through
the confessional statement not even a single statement in the entire, more than 72 writ petitions,
would show that no one has confessed that I did this particular act by killing so and so. Yes of
course each and every rule of the Pakistan Army Act has been followed and prepared by just
getting signature of the others which is not appealing to the i, prudent mind that how and why all
the three Field General Court Martial (FGCM), presidents, prosecution witnesses, so called
private counsel and others were thinking with the same mind and question to be put to the
accused facing trial and with same mind set. As already observed above there is no report prior
to the arrest of the particular person/accused/convict that he is by name charged in any particular
case rather after the arrest each and every accused/convict was kept and framed in a particular
occurrence/act.
24. All the cases, in view of the above facts and figures are cases of no evidence, if the alleged
confessional statements are subtracted, pulled out of the entire proceedings. The alleged
confessional statement with no independent advice after months / years of confinement with
military and internment centers is a manufactured story obtained and subscribed one, totally
reflecting the intention to fill in the blanks, by way of untraced cases. All circumstances must be
so interlinked, making out a single unbroken chain, where one and of the same touches the dead
body and other, the neck of the accused. Any missing link in the chain would destroy the whole
and would render the same unreliable for recording a conviction on a capital charge. In case of
circumstantial evidence there are chances of procuring and fabrication of evidence, therefore,
courts were required to take extra care and caution to narrowly examine such evidence with pure
judicial approach to satisfy itself, about its intrinsic worth and reliability, also ensuring that no
dishonesty was committed during the course of collecting such evidence by the investigators.
The illegality and irregularities in recording confessional statements, recorded after long custody,
benefit of which is always given to the accused. In this respect reliance is placed on the case
reported in 2007 SCMR-670, titled Muhammad Pervez and others v. The State and others, Haq
Nawaz and another v. State 2000 SCMR 785; Mehmood Ahmed and 2 others v. State 1995
SCMR 127; Walayat and another v. State 1984 SCMR 530; Bashir Ahmed's case 1999 SCMR
114; Muhammad Fazal's case 2006 SCMR 143; Muhammad Mansha's case 2001 SCMR 199;
Tariq Hussain Shah's case 2003 SCMR 98; Manjeet Singh v. State PLD 2006 SC 30;
Naqeebullah's case PLD 1978 SC 21; Khan Muhammad's case 1981 SCMR 597; Khuda
Bakhsh's case 1969 SCMR 390; Suleman Shah's case PLD 1971 SC 751; Muhammad Shafique
Ahmad's case PLD 1981 SC 472; Roshin's case PLD 1977 SC 557 and Shahbaz Khan Jakhrani's
case 1984 SCMR 42.
25. In all these cases, the plea of the convicts is that confessional statements were recorded with
unexplained delay and was a result of torture. The delay of over 24 hours would normally be
fatal to acceptance of judicial confession and in all these cases; there is no reason, whatsoever by
the prosecution regarding such delay. In all the cases wherein there is a loss of human life,
capital punishment has been awarded, even if the charge is of abetment. In the case of injuries in
an occurrence, the punishment of life has been awarded, even to the charge of abetment also. For
loss to the property the punishment of fifteen years to twenty years has been awarded, with no
proof whatsoever regarding the physical presence on spot of the convicts, except the so called
confessional statements. There is nothing on record showing that anyone was acquitted in any
case.
26. Article 10-A of the Constitution guarantees right to fair trial, which reads "For the
determination of his civil rights and obligations or in any criminal charge against him a person
shall be entitled to a fair trial and due process". The fair trial means grant of a proper hearing to
an accused person by an unbiased comptent forum and that justice should not only be done but
be seen to be done. Right of fair trial, cast on an adjudicating tribunal or forum, a duty to treat a
person in accordance with law, to grant him a fair hearing, and for himself to be an impartial and
a fair trial. In this respect we are fortified by the judgment of apex Court in the case reported in
PLD 2012 Supreme Court 553, Suo Motu Case No. 4 of 2010, (Contempt proceedings against
Syed Yousaf Raza Gillani, the Prime Minister of Pakistan regarding non-compliance of Court
order dated 16.12.2009, which reads as under:-
(a) Constitution of Pakistan---
----Art. 10A---"Right to fair trial"---Scope and meaning--Right to a 'fair trial' means right to
a proper hearing by an unbiased competent forum, with the latter component being based on the
maxim: "Nemo debet esse judex in propria causa" that "no man can be a judge in his own
cause"---Said principle has been expounded to mean that a Judge must not hear a case in which
he has personal interest, whether or not his decision is influenced by his interest, for "justice
should not only be done but be seen to have been done"- Right to a fair trial has been associated
with the fundamental right of access to justice, which should be read in every statute even if not
expressly provided for unless specifically excluded---While incorporating Article 10A in the
Constitution and making the right, to a 'fair trial' a fundamental right, the legislature did not
define or describe the requisites of a 'fair trial', which showed that perhaps the intention was to
give it the same meaning as is broadly universally recognized and embedded in jurisprudence in
Pakistan.
(b) Constitution of Pakistan---

----Arts. 8 & 10A---Law, custom or usage which is inconsistent with the right to a fair
trial---Scope---Law, or custom or usage having the force of law, which is inconsistent with the
right to a 'fair trial' would be void by virtue of Article 8 of the Constitution.
Likewise, in the case reported in 2016 SCMR-943, titled Ishtiaq Ahmad v. Hon'ble
Competent Authority through Registrar, Supreme Court of Pakistan.
(a) Constitution of Pakistan---
----Art. 9---'Access to justice'---Definition---Access to justice had been defined as an equal

right to participate in every institution where law was debated, created, found, organized,
administered interpreted and applied---Broadly it had been described as an integral part of the
rule of law in constitutional democracies and was a hallmark of civilized society.
(e) Constitution of Pakistan---
----Art. 10-A---Right of fair trial---Scope---Right of fair trial meant grant of a proper hearing
to an accused person by an unbiased competent forum, and that justice should not only be done
but be seen to be done-Right of fair trial cast on an adjudicatory tribunal or forum a duty to treat
a person in accordance with law, to grant him a fair hearing, and for itself to be an impartial and
a fair tribunal.
Similarly in the case reported in PLD-2014 Supreme Court 232 titled Sarfraz Saleem v.
Federation of Pakistan and others, it was held as under:-
(c) Constitution of Pakistan---
----Arts. 4 & 10A---Equal protection of law--Scope---Articles 4 & 10A of the Constitution

ensured that all individuals should enjoy equal protection of law and should be treated in
accordance with law, which was their inalienable right---Every person for determination of his
civil rights and obligations or in any criminal charge against him should be entitled to fair trial
and due process.
In the case of Malak Jehangir Khan and others versus Sardar Ali and 2 others, reported in
2007 SCMR 1404, the apex Court has held as under:-
----Ss. 302(b) & 201---Constitutiion of Pakistan (1973), Art.185(3)---Appeal against

acquittal---Only piece of evidence against the accused was retracted judicial confession which
even according to High Court was not corroborated by any other independent evidence and was
disbelieved---No illegality, misreading or non-appreciation of evidence warranting interference
by Supreme Court could be pointed out---Impugned judgment acquitting the accused had been
passed after duly appraising the entire evidence collected by the prosecution---Leave to appeal
was refused accordingly.
27. The entire facts and circumstances discussed above in reference to the judgments of apex
Court, it is held that all these cases of conviction are the cases of no evidence and based on
malice of facts and law. The way all the convicts have been proceeded right from their arrest,
from different part of the country, in the custody of the agencies and landing them in the
Internment Centers for months/years, are not appreciated at all for the purpose of convictions.
Therefore, we while exercising our powers of Judicial Review in the light of the referred
judgments of the apex Court, accept all the writ petitions, set aside the impugned convictions and
sentences, being based on malice in law and facts, as well and resultantly, respondents are
directed to set free all the convicts/internee, if not required in any other case.
MWA/369/P Petitions allowe

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P L D 2019 Peshawar 17

Before Waqar Ahmad Seth, C.J. and Lal Jan Khattak, J

FEDERATION OF PAKISTAN through Secretary Ministry of Iterior and 6 others---

(a) Pakistan Army Act (XXXIX of 1952)---

----S. 97---Constitution of Pakistan, Arts. 184(3) & 199---Order/sentence passed by military

(b) Pakistan Army Act (XXXIX of 1952)---

----S. 97---Constitution of Pakistan, Art. 199---Order/sentence passed by military court---Judicial

(c) Pakistan Army Act (XXXIX of 1952)---

----S. 59---Constitution of Pakistan, Art. 10A---Civil offences---Attacking law enforcement

(d) Criminal Procedure Code (V of 1898)---

----S. 164---Judicial confession, reliance upon---Scope---Illegality and irregularities in recording

Naveed Akhtar for Petitioner.

Dates of hearing: 16th, 17th and 18th October, 2018.

against both the accused

Committing a civil offence, that is to

say attacking the law enforcement agency.

against both the accused

Committing a civil offence, that is to

say attacking the law enforcement agency/

Armed Forces of Pakistan

(b) Lance Naik Nowshad Khan ex Frontier Constabulary.

(c) Lance Naik Aslat Khan ex Frontier Constabulary.

against both the accused

Committing a civil offence, that is to

say an act of terrorism.

W.P. No. 3794-P of 2017.

Committing a civil offence, that is to

say attacking Law Enforcement Agency.

Committing a civil offence, that is to

(a) 2 x Sub-Machine Gun.

(b) 1 x Heavy Machine Gun.

Committing a civil offence, that is to

say possessing explosives.

(a) 240 x rounds of Sub-Machine Gun.

(b) 200 x rounds of Heavy Machine Gun.

Committing a civil offence, that is to

say attacking Armed Forces of Pakistan

a. Maj Adnan Shah.

b. Havildar Muhammad Sadiq.

d. Lance Naik Khaliq Dad

e. Naik (unpaid) Habibur Rehman.

f. Sapper Gul Moeed.

g. Sapper Ghulam Qasim

h. Sapper Manzoor Hussain.

i. Sapper Ghulam Sarwar

j. Sapper Haider Rehman.

k. Craftsman Zahid Hussain

Committing a civil offence, that is to

say abetment in causing death of a person.

W.P No. 4071-P/2017.

Committing a civil offence, that is to

say attacking the law enforcement agency.

Committing a civil offence, that is to

say attacking the Armed Forces of Pakistan/

Law Enforcement Agency.

(d)Naik Sajjad ex 14 Northern Light Infantry.

(e) Lance Naik Noushad Khan ex

(f) Lance Naik Aslat Khan ex.