PESHAWAR: The Peshawar High Court (PHC) on Thursday set aside the punishment of an alleged militant, who was sentenced by the political administration for 40 years for involvement in schools bombings and other anti-state activities.
The order was issued by a two-judge bench headed by Chief Justice Waqar Ahmad Seth while hearing the writ petition filed by the family of Ihsan Ullah alias Sailay son of Kyfayat Ullah, a resident of Dak Utmanzai in district Mohmand. He was arrested by the security forces in 2013. Ihsan was, later on, handed over to the district administration. The administration under the Frontier Crime Regulations sentenced him for 40 years.
His lawyer, Miangul Afrasiab Kakakhel, argued that Ihsan was arrested by the security forces in 2013. Ihsan was, later on, handed over to the district administration. The administration, under the Frontier Crime Regulations, sentenced him for 40 years.
The attorney argued that after the passage of 25th constitutional amendment, the tribal areas have been merged with Khyber Pakhtunkhwa. And all the laws and regulations of the province were also extended to the tribal districts. Thus, the political administration has lost all its power, which they had enjoyed over tribal districts in the past.
Kakakhel further argued that since the punishments was awarded after passage of 25th constitutional amendments hence, it has not legal status. The attorney alleged that his clients was not given a fair tribal and was treated under the past colonial laws.