For speedy justice: Fate of military courts hangs in the balance
Law and justice ministry suggests creation of special courts under Pakistan Protection Act
ISLAMABAD:
Days after the civil-military leadership huddle approved the new National Action Plan (NAP) against terrorism, the fate of the proposed military courts seemed to hang in the balance after the law and justice ministry suggested the government establish special courts under Pakistan Protection Act (PPA), 2014 instead of amending the constitution for speedy courts manned by army officers.
In its fresh draft proposed on the issue of amending the constitution for forming military courts after Peshawar school massacre, the law and justice ministry advised the government to increase special courts formed under the PPA, 2014.
“Today [Monday] we proposed [the government] expand and strengthen special courts being formed under PPA 2014. It is a better option rather than to go for amending the constitution for military courts,” a senior official told The Express Tribune.
The proposal also endorses sub-section 7 of section 19 of the Anti-Terrorism Courts, 1997 which defines the procedure and power of these courts that “the court shall proceed with the trial on a daily basis and decide the case within seven working days,” he explained.
First we proposed amendments in Article 212-A last week which deals with the establishment of military courts or tribunals under Statutory Regulatory Order (SRO) No 1278 (1)/85, issued on December 30, 1985, he said.
Secondly, he stated, we proposed amendment of section 2 of Article 8 of the constitution. Clause 2 of Article 8 states: “The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.”
Amendment in section 2(1-d) of Army Act 1952 was also proposed by the law ministry where military courts could try civilians, if they commit crime directly linked to military affairs, he added. The government has already formed five courts under PPA 2014.
On Monday, Pakistan Tehreek-e-Insaf (PTI), in the committee meeting deliberating proposed amendments, opposed the idea of establishing military courts recommended the government to find solution within the existing laws.
“There is no need for military courts. We can resolve all issues under the existing laws,” Hamid Khan who was representing the PTI in the committee told The Express Tribune.
The PTI in its recommendations suggested that the special courts should be headed by high courts’ judges who will be appointed by chief justices, he said, adding that these courts will give their judgments in 30 days and convicted person will also be given one chance for appeal.
Dr Shireen Mazari, PTI spokesperson, however, said: “PTI despite its aversion to military courts in principle supported the government in the interest of fighting terrorism effectively. Our position on military courts is reflected in the unanimous resolution of APC held on 24 December.”
Federal Minister for Planning Ahsan Iqbal said they would bring a fresh draft today (Tuesday) where he hoped participants of this committee would establish consensus on either to establish special courts or military courts.
“This is an extraordinary situation. We will convince PTI to establish consensus on all issues,” he told The Express Tribune. Work in progress, he said, we are moving forward to execute the National Action Plan. The federal minister stated that as we reach consensus the draft will be tabled before the National Assembly, most likely in the upcoming session next month.
Pakistan Muslim League-Q and Pakistan Peoples Party, Muttahida Qaumi Movement and the Awami National Party also suggested some amendments into the proposed draft, an insider at the meeting revealed. They, however, supported all ideas the government proposed for coping with militancy, he explained.
The insider also pointed out that PPP leader Aitzaz Ahsan told Hamid Khan that his party endorsed military courts in the APC meeting. But Khan explained that special courts headed by civilian judges can deliver rather than military officers, he added.
Finance Minister Ishaq Dar, PML-Q leader Mushahid Hussain, MQM leader Dr Farogh Naseem and ANP leader Afrasiab Khattak also attended the meeting.
Published in The Express Tribune, December 30th, 2014.
Days after the civil-military leadership huddle approved the new National Action Plan (NAP) against terrorism, the fate of the proposed military courts seemed to hang in the balance after the law and justice ministry suggested the government establish special courts under Pakistan Protection Act (PPA), 2014 instead of amending the constitution for speedy courts manned by army officers.
In its fresh draft proposed on the issue of amending the constitution for forming military courts after Peshawar school massacre, the law and justice ministry advised the government to increase special courts formed under the PPA, 2014.
“Today [Monday] we proposed [the government] expand and strengthen special courts being formed under PPA 2014. It is a better option rather than to go for amending the constitution for military courts,” a senior official told The Express Tribune.
The proposal also endorses sub-section 7 of section 19 of the Anti-Terrorism Courts, 1997 which defines the procedure and power of these courts that “the court shall proceed with the trial on a daily basis and decide the case within seven working days,” he explained.
First we proposed amendments in Article 212-A last week which deals with the establishment of military courts or tribunals under Statutory Regulatory Order (SRO) No 1278 (1)/85, issued on December 30, 1985, he said.
Secondly, he stated, we proposed amendment of section 2 of Article 8 of the constitution. Clause 2 of Article 8 states: “The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void.”
Amendment in section 2(1-d) of Army Act 1952 was also proposed by the law ministry where military courts could try civilians, if they commit crime directly linked to military affairs, he added. The government has already formed five courts under PPA 2014.
On Monday, Pakistan Tehreek-e-Insaf (PTI), in the committee meeting deliberating proposed amendments, opposed the idea of establishing military courts recommended the government to find solution within the existing laws.
“There is no need for military courts. We can resolve all issues under the existing laws,” Hamid Khan who was representing the PTI in the committee told The Express Tribune.
The PTI in its recommendations suggested that the special courts should be headed by high courts’ judges who will be appointed by chief justices, he said, adding that these courts will give their judgments in 30 days and convicted person will also be given one chance for appeal.
Dr Shireen Mazari, PTI spokesperson, however, said: “PTI despite its aversion to military courts in principle supported the government in the interest of fighting terrorism effectively. Our position on military courts is reflected in the unanimous resolution of APC held on 24 December.”
Federal Minister for Planning Ahsan Iqbal said they would bring a fresh draft today (Tuesday) where he hoped participants of this committee would establish consensus on either to establish special courts or military courts.
“This is an extraordinary situation. We will convince PTI to establish consensus on all issues,” he told The Express Tribune. Work in progress, he said, we are moving forward to execute the National Action Plan. The federal minister stated that as we reach consensus the draft will be tabled before the National Assembly, most likely in the upcoming session next month.
Pakistan Muslim League-Q and Pakistan Peoples Party, Muttahida Qaumi Movement and the Awami National Party also suggested some amendments into the proposed draft, an insider at the meeting revealed. They, however, supported all ideas the government proposed for coping with militancy, he explained.
The insider also pointed out that PPP leader Aitzaz Ahsan told Hamid Khan that his party endorsed military courts in the APC meeting. But Khan explained that special courts headed by civilian judges can deliver rather than military officers, he added.
Finance Minister Ishaq Dar, PML-Q leader Mushahid Hussain, MQM leader Dr Farogh Naseem and ANP leader Afrasiab Khattak also attended the meeting.
Published in The Express Tribune, December 30th, 2014.