Voting on 21st amendment deferred till Tuesday

Interior minister says special courts will not be used against ordinary civilians

ISLAMABAD: Lawmakers gathered at the National Assembly on Monday to discuss and vote for proposed constitutional amendment seeking speedy trial of terrorists in the wake of Peshawar school attack.

The 21st Amendment Bill 2015 and the Pakistan Army (Amendment) Bill 2015 were tabled in the assembly on January 3 in a session that lasted barely 10 minutes. The session was adjourned till today as 228 lawmakers, required for a constitutional amendment, were not present.



6:55pm

Voting for the proposed constitutional amendment seeking speedy trial of terrorists has been deferred till tomorrow, according to Express News.

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6:50pm

Speaking on the floor of the Parliament, MQM leader Farooq Sattar said that “Peshawar incident could have been avoided if we reached national consensus and prepared a National Action Plan earlier.”

Referring to the interior minister’s statement wherein he mentioned that the Geneva Convention applies to those who accept the Constitution of the country, Sattar said that acts of terrorist are tantamount to war crimes. He added that even in war tribunals, the accused are afforded the basic right to defend themselves. "That’s all we are in favour of, nothing more than that."

While making a veiled reference to the Lal Masjid cleric, Sattar said that there was also a need to expose those who are spreading hatred and inciting violence.

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5:50pm

Interior Minister Chaudhry Nisar said for lawmakers to agree on the establishment of military courts is not common but neither is the security situation of the country.

While addressing the National Assembly session, Nisar said, “We are in a state of war and on one side there is Pakistan Army who is fighting a war within its constitutional realm while on the other side there are militants who are ready to attack anyone and everyone.”

“Military courts have been established in other democratic countries as well,” the interior minister added.

He pointed out that military tribunals were also formed in a country like the United States after 9/11.

“Due to the current war-like situation, military courts are the need of the hour,” Nisar said.

Further, he said military courts will function within the judicial system.

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5:00pm

Prime Minister Nawaz Sharif arrives at the National Assembly.

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The 21st Amendment Bill suggests amendments in Article 175 of the Constitution, which deals with judicial affairs as well as the first schedule of the Constitution, which deals with fundamental rights.

The Pakistan Army Act (Amendment) Bill 2015 would remain in force for two years and stands repealed on the expiration of the said period unless extended by the Parliament.

After the approval of the bills, there will be no independent forum (superior courts) available to the terror suspects to appeal against military court’s decision, as the suspects of terrorism will not be able to claim fundamental rights unlike normal judicial course. In the first schedule of the Constitution, acts of all three armed forces and the Protection of Pakistan Act 2014 will also be inserted.

These military courts – with prior permission of the federal government – will also be able to try any person – who is claimed or is known to belong to any terrorist group or organisation using the name of religion or sect and who commits an offence. The federal government can also transfer pending cases to these military courts.