ISLAMABAD (Dunya News) - The Supreme Court has issued a notice to the attorney general in an appeal challenging a 14-year prison sentence in a case involving allegations of sheltering Taliban militants. The court also sought assistance on the jurisdiction of cases from former FATA following the 25th Constitutional Amendment.
A two-member bench comprising Justice Malik Shahzad Ahmad Khan, who headed the bench, and Justice Aqeel Ahmad Abbasi heard the case.
The court also directed Khyber Pakhtunkhwa government state counsel Arshad Hussain Yousafzai and the applicant’s lawyer, Mehnaz Advocate, to assist it.
During the hearing, Justice Malik Shahzad Ahmad Khan asked whether any Taliban militant had been arrested from the applicant’s house. The KP government’s state counsel responded that a joint investigation team (JIT) report was available.
The judge observed that although the JIT report was important, its findings had to be proved. He questioned whether any Taliban militant had actually been arrested from the applicant’s house despite the 14-year sentence, adding that the allegation was that the applicant had provided food to Taliban militants.
Justice Aqeel Ahmad Abbasi asked whether food had been provided. Justice Malik Shahzad Ahmad Khan remarked that it was unclear what food had allegedly been prepared and served.
The judge further observed that both sides in the case were victims in one way or another. He noted that the case dated back to before the merger of the former Federally Administered Tribal Areas (FATA) with Khyber Pakhtunkhwa.
The Peshawar High Court had ruled that it lacked jurisdiction and sent the matter back, Justice Malik Shahzad Ahmad Khan said, adding that the high court’s position suggested that the authority to dispense justice lay elsewhere.
State counsel Arshad Yousafzai told the court that the case involved a 2016 decision, while a 2024 ruling by a three-member bench of the Peshawar High Court was also available.
The Supreme Court adjourned further proceedings until November 10.