National Action Plan: Govt to seek APC's consensus on legal cover for military courts

Road map for implementing National Action Plan also expected to be green-lighted during Friday's APC

ISLAMABAD: The civil and military leadership on Thursday finalised a draft proposal for according constitutional cover to the military courts after a marathon meeting in Islamabad. These proposals will be placed before an All Parties Conference (APC) on Friday to seek consensus, sources privy to the development told The Express Tribune.

The premier along with senior cabinet ministers on Thursday held a nearly eight hour long meeting with the military leadership including Chief of Army Staff General Raheel Sharif, DG Inter-Services Intelligence (ISI) Lt General Rizwan Akhter and other concerned officials at the PM House.

They decided that without a constitutional amendment, the government’s plan of using military courts will not have the necessary legal cover to try civilian terrorists.

Further, they decided that terrorists (as defined under Ant-Terror Act 1997, Protection of Pakistan Ordinance 2014 and Fata Regulation 2011, Army Act 1952), will now be tried under field general court martial with jurisdiction of military courts expanded. This will be made possible by including these laws in Schedule I of the Constitution following an act of parliament.

Hence, any person being tried in such a court will not be extended his fundamental rights (as protected under Article 8 (I) and (II)). He will then only be able to appeal a ruling with the Chief of Army Staff instead of a superior civil court.

These measures, they decided, will remain in effect for two years.

On Friday, their proposals will be placed before the APC, and approval will be sought. Nawaz, along with the military leadership, will try to convince the political class over the proposed amendments.

This follows on from the APC meeting on December 24 when all parties had agreed in principle to establish special courts under a 20-point National Action Plan (NAP). However, some leaders had later objected to the procedure by which such courts would be established and what their mandate would entail.

During Friday’s meeting, it is also expected that the top civil and military leadership will green light the implementation of NAP to four chief ministers after its roadmap was finalised during Thursday’s meeting.

Earlier, in his opening remarks, the prime minister said the country's entire political spectrum is united in the war against terrorism and extremism.

Nawaz presided over a top civil military leadership meeting to finalise the implementation of the NAP, and has summoned a political leaders' meeting tomorrow to discuss the legislation of military courts.

“By taking effective measures at the right time, we will achieve success,” the premier said.

“We will make sure the sacrifices of our law enforcement agencies and the blood spilled in Peshawar does not go waste,” he said, adding, “Our war is against hatred, fear and terrorism.”

“We'll make sure there is no distinction between those who have committed acts of terror, and those who harbor them,” the prime minister said.

The implementation of the National Action Plan is being treated as a top priority, and regular meetings are being held by the prime minister to ensure its swift implementation.

The premier will consult all the party heads to discuss how to further succeed in implementing the national plan to weed out terrorism.

PM Nawaz will also consult legal and political experts today as he prepares for tomorrow's meeting. He has cancelled all his pre-scheduled engagements for this purpose.

Sources said the civil-military leadership will discuss the proposed draft of legislation for the establishment of military courts.

A National Assembly session has also been summoned for this evening and if all political and military leaders agree to the provision of constitutional cover for military courts, then a proposed draft of the amendment of the Constitution would be moved during the current session.