Prime Minister Nawaz Sharif shakes hands with JUI-F chief Maulana Fazlur Rehman in the National Assembly on Monday. PHOTO: PID
Despite a joint declaration at Friday’s all parties’ conference which gave the nod to provide a constitutional cover to proposed military courts, Monday’s session of the National Assembly was marred by dissenting voices, which forced the Speaker Ayaz Sadiq to defer voting on the 21st Constitutional Amendment Bill 2015 till Tuesday (today).
The voting was deferred after a number of lawmakers, especially those belonging to religious parties, expressed concern over the contents of the bill, which, they said, could be used against any religious group. The government also faced the issue of numeric strength as the required two-thirds [or 228] lawmakers were not present in the house of 342.
The dissenters included JUI-F chief Maulana Fazlur Rehman, PkMAP chief Mahmood Khan Achakzai, Ejazul Haq, Ghaus Bakhsh Mehar, Jamaat-e-Islami’s Sahibzada Tariqullah and Jamshed Dasti. The JI also proposed an amendment in the government’s draft bill, suggesting omission of words, ‘religion’ and ‘sect’ from it – an idea also supported by the JUI-F.
A central leader of the Muttahida Qaumi Movement (MQM) told The Express Tribune that the party would reconsider its decision to support the bill in case any amendments are introduced – a move that can make the entire exercise of the APCs meaningless and irrelevant.
It will be more challenging for the government to retain national consensus against terrorism amid fissures. In a late night development, Prime Minister Nawaz Shairf invited heads of all parliamentary parties to a breakfast meeting today (Tuesday) at the speaker’s chamber, apparently in a bid to resolve the issue prior to the assembly session.
During Monday’s session, attended by the prime minister, Interior Minister Chaudhry Nisar Ali Khan tried to convince the lawmakers on the new proposed legislation while admitting that apparently there are contradictions in the new legislation.
“Due to the current war-like situation, military courts are the need of the hour,” Nisar said, adding that they will function within the judicial system and they will not be like ‘kangaroo courts’.
He said: “No one had thought that military courts would be formed through a constitutional amendment but we are in a state of war,” he said, adding that judges of judiciary were not ready to hear terrorists’ cases due to threats to them and their families.
Nisar said military courts were also established in other democratic countries, including the US, where military tribunals were formed after 9/11.
He said on the one hand there is Pakistan’s Islamic army, which is fighting a war within its constitutional realm and international obligations, while on the other hand, there are militants “who are ready to attack anyone and everyone without following any code or limit”.
Later, the JUI-F chief Maulana Fazlur Rehman termed the proposed amendment biased and discriminatory. He also demanded that words ‘religion’ and ‘sect’ should be omitted from the draft bill so that anyone involved in fight against the state is dealt as a terrorist.
He also came hard on the MQM for targeting religious parties. He said his principled stance was in favour of the new legislation in view of national consensus in this extraordinary situation.
“However, we believe that unbiased measure should be taken to control terrorism in Pakistan but if only religion and Madaris are targeted then it will become controversial.”
The JUI-F chief said all should come to the aid of the state in fight against terrorism. He claimed that there is no definition of terrorism and in the APC it was linked with the Peshawar school incident.
Fazl appreciated Interior Minister Nisar for absolving over 90 per cent seminaries of involvement in terrorism but showed his dissatisfaction for not providing any proofs against ‘unknown’ suspicious seminars – a claim, which, he said, appears to be an ‘anonymous FIR’ against 90 per cent of seminaries.
“Tell me the name of any terrorist who belongs to these Madaris,” he said. “Are they [terrorists] not arrested also from hostels of colleges and universities?” he asked.
Speaking on the floor, MQM leader Farooq Sattar said the Peshawar incident could have been avoided “if we reached national consensus and prepared a National Action Plan earlier.” Sattar said the time had now come to draw a line.
Mahmood Achakzai said it is not a good omen to give parliament’s power to any other institution. However, he requested all lawmakers to support the new legislation with a gesture of unwillingness so that no one could misuse these powers.
“It is like eating pig in case of extreme hunger just for survival,” he said while referring to a principle of Islamic jurisprudence.
The 21st Amendment Bill 2015 – tabled in the assembly on January 3 along with the Pakistan Army (Amendment) Bill 2015 – suggests amendments in Article 175 of the Constitution, which deals with judicial jurisdictions as well as the first schedule of the Constitution, which deals with fundamental rights.
These military courts with prior permission of the federal government will 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.
Published in The Express Tribune, January 6th, 2015.
COMMENTS (11)
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Trouble is our leaders are the culprits. Remember speeches of these leeches when PTI & PAT gave jolt to the Parliament House? The same touts of our enemy are again shedding off their garbage where they emerged from since then.Two names stand out i.e Uchakzai and Diesel. They are at it again. Their sponsors are screwing them up to return the favours or else. On the other hand Nawaz weighs every thing with cash whatever form is offered. So it is now up to the people to decide. Our so-called reps have failed us. We need people like Mr Athar Ahmed who put his own and his son's life in line to save other's on the Motorway.
where are searchers of apologists caught here is
mulana "hisba iktdar" in either case with govt and as well as militants
@Ch. Allah Daad:
All of you make it seem as if successus hinges solely on Murray courts. Peshawar was an embarrassing security lapse , not least for the army - that is egere the security problem lies.
You want a real solution? Buid a fence snd stop the smuggling and crossborder attacks
The nod on Friday by all parties conference to give constitutional cover to proposed military courts created an impression that even our political leadership has the capacity to rise above petty interests and differences and present a united front on issues which have become existential threats to the country. However, that proved a short-lived over-optimism and by Monday, the leaders were back to their familiar old ways, speaking in their usual style.
And Nawaz Sharif has invited them to a breakfast with a view to re-creating a consensus and to process the necessary amendments to the constitution through the assembly.
Nawaz Sharif often claims that he holds mandate of 18 crore people. Now that certainly is an exaggeration but still he is the one who has taken upon himself the duty of forming the government at the centre and thus holds the responsibility to run the government and to make all necessary decision in this regard. His job is not to go around seeking consensus, trying to please every body - which is simply impossible - and in the process, delay the comprehensive operation against militancy, extremism and terrorism, which is already overdue by at least a couple of decades. I remember former US president George Bush once said that he would stick to a certain decision even if the only ones by his side were his wife and his dog. Now, we don't want Nawaz Sharif to go to that extreme, and he can't even do so because he needs two-third majority of voters for constitutional amendments. Still, he must demonstrate some decisiveness instead of just continuing to dither and waver all the time. In this grave situation, his emphasis should be on securing the required majority. Obviously, there will be reservations but these could be removed over time by taking other measure and/or by passing additional amendments to the constitution, if necessary. However, he should not let a few disgruntled leaders hold the rest, as well as the whole nation hostage at this stage.
Karachi
This picture says it all!
@Ch. Allah Daad: Ch Sahib you are a changed person. God bless you.
The establishment of military court is against the standardized judicial system in democratic countries. it becomes difficult to ascertain the domain and boundaries of these court. In case of normal judicial process the inferior court's decision can be challenged in the higher court. Would the decisions of the military court be challenged in higher or supreme courts?.
But despite the fact the aforementioned system is illogical it is the need of hour, I prefer establishment of military courts because the existing has failed to produce the desired results and also the weak or delayed court decisions have given the breathing space to the militants and religious outfits to spread and further strengthened.
It is astounding "why" JUI-F have put the parliament in the state of perplexity when there is consensus of all major parties. Why not military courts be given a chance to put the country's law and order situation on its right trajectory, not forever but to the extent until the situation get normalized. Presently the people of this country are completely flummoxed they persistently go through the state of fear and see the future obscured.
Now we are in the do or die situation and the only way is left that we should fully utilize all the available options to get rid of militants before we get late and eroded.
This is fast becoming a joke - agree to one thing in private and then come out and spin it in a different way or try to protect your vested interests... shame. Either they should take a stand or make the call and stick to it. I would like to so-called democrats and champions of law and justice to explain the decision of LHC to overturn convictions of 5 people yesterday and how the legal system can be fixed. Military courts may not be the ideal solution but in the short term it can be used to help fight a cancer and more importantly in parallel efforts could be made to build/improve the legal system we have - but that needs will, capacity and leadership.
The mulana is at it again.... Wake up Pakistan.
Majority has already forgotten Peshawar tragedy, therefore stop this drama and wait for another tragedy to start all over again.