A shrewd move
The vexed issue of military courts is again to the fore
PPP co-chairman Asif Ali Zardari. PHOTO: FILE
The vexed issue of military courts is again to the fore. The government has proposed an extension of the courts which lapsed on 7th February. The proposed extension is for two years and once again ducks the issue of the judicial reforms that were the raison d’être for the courts in the first place. The Pakistan People’s Party, co-chaired by Asif Ali Zardari, has now tabled its own set of proposals in respect of the courts and they make interesting reading. In broad terms the PPP supports the courts but makes detail suggestions which at least partially address many of the concerns being expressed about the way in which the courts operate.
The PPP proposal is that the courts be reinstated for one year and not two — in other words limiting the extension to the life of the government, and any government in place after the next election would have to renegotiate the courts ToR’s. Assuming the adjustments of the judicial system will not take place in that year that will leave the courts politically orphaned once again, hardly the best way of managing one of the primary tools in the anti-terror kit.
Where the PPP scores is by proposing that a sessions judge oversee the courts, cases should be subject to judicial review and a restoration of habeas corpus by requiring that the accused be brought before a court within 24 hours and a reason for their arrest given. The accused shall have the right to engage counsel and all in all an opening up of the process that can only be an improvement on the clandestine and opaque manner in which the courts have operated hitherto. We extend a cautious welcome to these proposals at the same time maintaining our position of being against military courts in principle.
With the ruling PML-N seemingly keen to once again rub shoulders politically with the PPP it now remains to be seen whether the proposals can gain all-party consensus. Perhaps Mr Zardari is rediscovering some old political skills and moves after time-out from the limelight. As ever, we await developments with interest.
Published in The Express Tribune, March 8th, 2017.
The PPP proposal is that the courts be reinstated for one year and not two — in other words limiting the extension to the life of the government, and any government in place after the next election would have to renegotiate the courts ToR’s. Assuming the adjustments of the judicial system will not take place in that year that will leave the courts politically orphaned once again, hardly the best way of managing one of the primary tools in the anti-terror kit.
Where the PPP scores is by proposing that a sessions judge oversee the courts, cases should be subject to judicial review and a restoration of habeas corpus by requiring that the accused be brought before a court within 24 hours and a reason for their arrest given. The accused shall have the right to engage counsel and all in all an opening up of the process that can only be an improvement on the clandestine and opaque manner in which the courts have operated hitherto. We extend a cautious welcome to these proposals at the same time maintaining our position of being against military courts in principle.
With the ruling PML-N seemingly keen to once again rub shoulders politically with the PPP it now remains to be seen whether the proposals can gain all-party consensus. Perhaps Mr Zardari is rediscovering some old political skills and moves after time-out from the limelight. As ever, we await developments with interest.
Published in The Express Tribune, March 8th, 2017.