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PHC dismisses all petitions against sentence handed down by military courts

Peshawar: Peshawar High Court (PHC) has dismissed all the petitions against sentences handed down by military courts.

PHC 2-member bench comprising Justice Naeem Anwar and Justice Dr Khurshid Iqbal took up the petitions for hearing Friday.

PHC maintained in its decision that sentence handed down by military courts is counted from the time when Field General Court Martial (FGCM) will sign them.

Counsels for the petitioners, Additional Attorney General (AAG) Sana Ullah and amicus curaie Shumail Ahmad Butt appeared in the court.

The counsel argued military courts have handed down sentence to the arrested accused of different nature. The accused have completed their jail term. Now they are not being released. As per law the period spent during custody is counted towards sentence.

AAG told the court benefit of 382 B is not given to accused in the sentences awarded under special law.

The arrested accused are terrorists and they don't deserve for any relief.

AAG said larger bench of court and one bench of PHC have also maintained benefit cannot be given of 382-B in the sentences handed down under special laws. The conviction will commence when the sentences of these accused are signed. s

He told the court sentences awarded by FGCM fall in the ambit of special law. In military court laws, the high court only sees what sentences have been handed down have been awarded under these sections or otherwise.

AAG said the sentence to the petitioners has been awarded under army act. This will be counted from day of signature.

The court dismissed all petitions.