Military courts: SC returns plea seeking revisit of 1999 verdict

Petitioner seeks powers for govt to issue ordinances to help authorities curb terrorism

ISLAMABAD: The Supreme Court has refused to entertain a plea requesting the court reconsider its 1999 verdict in the Sheikh Liaquat Hussain case which declared military courts ‘unconstitutional’.

The petitioner, Awami Himayat Tehreek Chairman Maulvi Iqbal Haider, on December 28 filed a petition under Article 184 (3), requesting the court revisits its earlier verdict and empowers the government to legislate or promulgate ordinances to establish military courts in order to help civil authorities curb terrorism and militancy.

The Supreme Court registrar office, however, returned the petition on Friday by raising four objections. It objected that the petitioner has no locus standi to file the constitutional petition and that the petitioner didn’t point out which fundamental rights have been violated in the instant. It also suggested the applicant to approach another forum for the redressal of his grievances.

On Saturday, the petitioner filed an appeal against the objections saying he has the locus standi to file this petition. The appeal will now be fixed before a judge inside the chamber.

On December 24, Chief Justice Nasirul Mulk summoned a meeting of all provincial chief justices where it was decided that terrorism cases would be given priority and would be heard on a daily basis.

But in his petition, Iqbal Haider has asked the court to issue a new set of guidelines after re-visiting the 1999 judgment, in the larger public interest. He claims that citizens are now hostage to the nefarious designs of terrorists, who strike anywhere at will, depriving citizens of their fundamental right to live.

The current law and order situation has become so complex that without the assistance of the armed forces, it would be very difficult to ensure life, dignity, liberty, free movement and the security of citizens’ properties following the Peshawar tragedy of Dec 16. The petitioner contends that until prosecuted by the military courts, those involved in the murders of innocent people could not be brought to justice.

In 1999, a nine-judge bench of the Supreme Court, headed by then chief justice Ajmal Mian, had declared Ordinance No. XII of 1998 ‘illegal’. The ordinance was promulgated by the government of Nawaz Sharif and challenged by Sheikh Liaquat Hussain. The ordinance sought to establish special military courts in Sindh in an effort to quell terrorism in Karachi in the mid-90s.

Published in The Express Tribune, January 4^th, 2015.