Legal challenge

The Supreme Court Bar Association (SCBA) is challenging the 23^rd Amendment, which seeks to extend the mandate of military courts. The claim by the lawyers is that the amendment directly challenges Part II, Chapter 1 of the Constitution of Pakistan. Indeed, Part II, Chapter 1, Clause 10A of the Constitution grants the right to a fair trial. Clause 8 of the same chapter says the state shall not make laws that relinquish the rights of citizens. In the petition the lawyers’ body also voiced suspicion over any amendment to the Constitution, reminding the superior judiciary that as the final arbiter and interpreter of the Constitution, it had a duty to protect it from majorities in parliament.

The SCBA receives our approbation in recognising that the very notion of military courts and the inconspicuous manner in which they operate is a fundamental violation of human rights.

Citizens, especially the family members of victims, should be able to gain full knowledge and participation in the trials of their loved ones’ murderers. Likewise, suspects’ families have a right to information as well. Military courts do not have place in a democracy’s day-to-day dealings. Albeit, our court system is full of flaws, that does not mean the system should be overruled entirely. We have a nasty history of entities attempting to deal their own versions of justice, be they jirgas or angry mobs that act much like domestic terrorists. We need a reformed criminal justice system as these cases continue to recur. The swift action by the military in searching for and arresting suspects in the past two years is supported wholeheartedly; however, the 23^rd Amendment and extending the use of military courts is questionable for its violations in denying fundamental rights.

Published in The Express Tribune, April 17^th, 2017.

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