Military courts: Govt firm against fresh amendment
Verbal assurances given to JUI-F, JI over their reservations; strategy devised to mount defence in SC
Verbal assurances given to JUI-F, JI over their reservations; strategy devised to mount defence in SC. STOCK IMAGE
ISLAMABAD:
The federal government has decided not to introduce any new amendment to address the reservations of some of its allies in parliament and has devised a legal strategy relating to military courts if the matter is taken up in the Supreme Court, sources privy to the development told The Express Tribune.
They said that the government, in backdoor talks with JUI-F and JI, offered assurances that terrorism-related cases will only be transferred to military courts after approval by civil authority. However, religio-political parties have insisted on bringing about something that they could use to placate their followers regarding the definition of terrorism.
The sources said the government has categorically refused to introduce a 22nd amendment to the Constitution to address their reservations and has urged the parties to wait and watch the proceedings of military courts.
They added that the JUI-F had expressed reservations to strike a good bargain as the party chief wanted due share in the upcoming senate election. Three out of six senators of the party were going to retire in March 15 including their secretary general Abdul Ghafoor Haidri. Fazl not only wanted to reelect some of his senators but also sought two extra seats beyond his party’s strength in the provincial assemblies of Balochisan and K-P.
They said Punjab Chief Minister Shahbaz Sharif met the JUI-F chief in the second week of January and gave him an assurance over his demands.
Regarding the JI, the sources termed its opposition a “political tactic” to avoid use of the courts against the party.
Parliament in the first week of January passed the 21st Constitutional Amendment Bill 2015 and Pakistan Army Act (Amendment) Bill 2015 unopposed to set up military courts in terrorism-related cases. The aforementioned two parties abstained from voting and raised objections on some of the points in the bill. They boycotted the session over the inclusion of words ‘religion’ and ‘sect’ in the bills as they wanted to generalize the definition of terrorism.
SC on military courts
The government, with due consultation of political parties in parliament, has devised a legal strategy about military courts if they take up the matter in the Supreme Court.
Judges of the apex court had observed recently that there was no need of military courts, adding a lot of petitions challenging the courts were pending before them.
On the possibility of proceedings in the apex court, sources said if SC resends the 21st constitutional amendment to parliament for review, it will pass with a two-thirds majority without a slightest change in the text. The parliament will defend the passage on the floor of the house while government’s legal team would do so in the courtroom, the sources added.
Published in The Express Tribune, January 19th, 2015.
The federal government has decided not to introduce any new amendment to address the reservations of some of its allies in parliament and has devised a legal strategy relating to military courts if the matter is taken up in the Supreme Court, sources privy to the development told The Express Tribune.
They said that the government, in backdoor talks with JUI-F and JI, offered assurances that terrorism-related cases will only be transferred to military courts after approval by civil authority. However, religio-political parties have insisted on bringing about something that they could use to placate their followers regarding the definition of terrorism.
The sources said the government has categorically refused to introduce a 22nd amendment to the Constitution to address their reservations and has urged the parties to wait and watch the proceedings of military courts.
They added that the JUI-F had expressed reservations to strike a good bargain as the party chief wanted due share in the upcoming senate election. Three out of six senators of the party were going to retire in March 15 including their secretary general Abdul Ghafoor Haidri. Fazl not only wanted to reelect some of his senators but also sought two extra seats beyond his party’s strength in the provincial assemblies of Balochisan and K-P.
They said Punjab Chief Minister Shahbaz Sharif met the JUI-F chief in the second week of January and gave him an assurance over his demands.
Regarding the JI, the sources termed its opposition a “political tactic” to avoid use of the courts against the party.
Parliament in the first week of January passed the 21st Constitutional Amendment Bill 2015 and Pakistan Army Act (Amendment) Bill 2015 unopposed to set up military courts in terrorism-related cases. The aforementioned two parties abstained from voting and raised objections on some of the points in the bill. They boycotted the session over the inclusion of words ‘religion’ and ‘sect’ in the bills as they wanted to generalize the definition of terrorism.
SC on military courts
The government, with due consultation of political parties in parliament, has devised a legal strategy about military courts if they take up the matter in the Supreme Court.
Judges of the apex court had observed recently that there was no need of military courts, adding a lot of petitions challenging the courts were pending before them.
On the possibility of proceedings in the apex court, sources said if SC resends the 21st constitutional amendment to parliament for review, it will pass with a two-thirds majority without a slightest change in the text. The parliament will defend the passage on the floor of the house while government’s legal team would do so in the courtroom, the sources added.
Published in The Express Tribune, January 19th, 2015.