The Peshawar High Court has dismissed all petitions challenging the sentences handed down by military courts.
A two-member bench comprising Justice Naeem Anwar and Justice Dr. Khurshid Iqbal heard 29 writ petitions filed against the military court sentences. The court ruled that the sentences handed down by military courts would only be considered effective once signed by the Field General Court Martial. During the hearing, the petitioners’ lawyers, Additional Attorney General Sanaaullah, and court assistant Shamil Ahmad Butt were present.
The petitioners’ lawyers argued that the convicted individuals had already served their sentences in military custody and should be released as per the law, which counts the time spent in custody as part of their sentence.
The Additional Attorney General informed the court that under special laws, the accused do not benefit from the provisions of Section 382-B, which offers early release after serving part of the sentence.
He further clarified that the convicted individuals were terrorists and not entitled to any leniency.
The Additional Attorney General emphasized that previous rulings by the larger bench of the Peshawar High Court and other bench had established that sentences under special laws did not allow for the benefit of Section 382-B.
The sentences would only begin from the date the Field General Court Martial signs them. He added that the sentences imposed by the Field General Court Martial fall within the special law’s jurisdiction, and the High Court only examines whether the sentences comply with the relevant sections under military court law.