The bench comprises of Justice Yahya Afridi and Justice Rooh-ul-Ameen ordered the suspension of the sentence on a plea filed by Muhammad Aziz, the brother of the convict, against the verdict of the military court.
Khalid Anwar Afridi and Sajeed Khan Afridi advocates appeared before the court on the behalf of the petitioner.
Muhammad Imran was a former student of Mardrassa Binnoria in Karachi. He was taken into custody by the security forces in Mohmand Agency while coming to Mardan on Oct 29, 2008. He has been in confinement in District Jail Timergara in Lower Dir.
The military court had awarded death sentence to the convict, who is said to be an active member of the outlawed Tehreek-i-Taliban Pakistan, for his involvement in terrorist acts including attacks on the law enforcement personnel and civilians, leaving them dead and injured.
The petitioner filed the writ petition in the court under article 199 and the 21st Amendment of the constitution of Pakistan pleading to the bench that his brother’s conviction and sentence of death was based on malafide intent.
The bench issued notices to secretary home & tribal affairs and secretary defence to bring the relevant record in the next hearing. The court also suspended the death sentence of the convict.