Military courts: No consensus on constitutional cover

Prime minister convened a meeting of top civil and military officials on Thursday

ISLAMABAD:

The legal wizards of the government and the opposition on Wednesday evolved a consensus on the operational framework for the proposed military courts under the Pakistan Army Act 1952 but differences remain on giving it a constitutional cover, The Express Tribune has learnt.

Meanwhile Prime Minister Nawaz Sharif convened a meeting of top civil and military officials on Thursday (today) to discuss the latest developments on the establishment of military courts. Sources say that the Thursday meeting would also try to narrow down differences on giving a constitutional cover to the military courts.

On Wednesday, the government’s legal team – comprising Special Assistants to PM Khawaja Zaheer, Barrister Zafarullah Khan and Attorney General of Pakistan Salman Aslam Butt – held a meeting with the legal experts of the PPP, PTI, MQM and ANP. The two sides, according to sources, evolved a consensus on the operational framework for the military courts under the Pakistan Army Act 1952.

According to details, the offences of religious terrorism, sectarian violence, attacks on government installations – both civilian and military—and attacks on cantonment boards and sensitive installations have been included in the amendment draft of the Army Act 1952. These offences are also included in the Protection of Pakistan Ordinance Act 2014 but they would be tried under the Army Act.

Sources said PPP’s Barrister Aitzaz Ahsan conditionally endorsed the draft, saying that if the government gave legal or constitutional cover to the draft, then the PPP would withdraw its support to amendment in the Army Act 1952 to operationalise the military courts.

MQM’s leader Farogh Naseem suggested an amendment in Article 175 of the Constitution. However, legal experts from other parties opposed his suggestions and said they have decided not to amend any article of the Constitution related to the judiciary.

PTI’s leader Hamid Khan proposed his own draft bill suggesting protection to high court judges and appointment of sessions judges to hear terrorism-related cases in civilian courts but his draft was unanimously rejected in the meeting.

The government’s legal team disagreed with PPP’s idea of not giving any constitutional cover to the special courts. They said the government and military leadership have decided to provide a constitutional cover to the military courts.

Published in The Express Tribune, January 1^st, 2015.