Revival of army courts not a solution: SCBA chief

Says civil government imposing stringent laws in the name of countering terrorism

ISLAMBAD: The Supreme Court Bar Association (SCBA) President Rasheed A Rizvi has criticised the civilian government for paving way for the revival of military courts through a constitutional amendment and said such courts are not an answer to the menace of terrorism.

“Military courts have never been a solution to the menace of terrorism nor will they be,” he said. “Once again the military courts are being given a new lease of life on the pretext of countering terrorism by using the much criticised doctrine of necessity,” Rizvi said on Thursday.



He was addressing the full court on retirement of the Supreme Court’s senior judge Justice Amir Hani Muslim. Chief Justice Mian Saqib Nisar, Attorney General for Pakistan Ashtar Ausaf Ali and Pakistan Bar Council Vice Chairman Ahsan Bhoon also attended the function.

The SCBA chief said amendment in the Constitution and likewise amendments in the Pakistan Army Act 1952 had been approved to reestablish military courts for yet another two years to try civilian suspects.

“This is another so-called step taken by the present civilian government to counter terrorism by imposing stringent laws in Pakistan. It is regrettable that two years of military courts have not proved enough,” he added.

Rizvi said the civilian government had deviated from well-established principle of due process of law, which, he said, is the basis of Articles 4 and 10-A of the Constitution, adding that the establishment of parallel judiciary was never approved by any court in a civilised country.

“It is a collective view of the bar that the judiciary neither in the past nor in the present has ever failed to perform in accordance with the law and Constitution. It is failure on part of the civilian and military governments that the institution of judiciary was always neglected and ignored,” he said.



Rizvi said the most appropriate and effective way to counter terrorism was to enhance the strength of judiciary and para-legal staff, to improve and make effective the working of intelligence and investigating agencies and to make the prosecution department more efficient.