Punjab courts yet to adjudicate 85% of terror related cases: AGP tells SC

AGP asked to submit details of cases that have not been decided by ATCs, despite challans being submitted

ISLAMABAD: Attorney General of Pakistan Salman Aslam Butt on Tuesday told the Supreme Court that as many as 85 per cent of terrorism related cases in Punjab courts have not yet been decided.

During the hearing of the 21st constitutional amendment case, AGP Butt informed the 17 judge full court bench that he will share data of all such cases with the court on Wednesday and why these cases were pending in Anti- Terrorism courts.

Upon this, Justice Asif Saeed Khan Khosa asked him to apprise the court about the details of the cases which have not been decided by ATCs despite the challans being submitted by the prosecution.

During Tuesday's proceedings, Justice Khosa asked whether the military should be given a free hand in the name of ‘defence of Pakistan.’ He further said if the military courts could be established under Article 245 of the constitution, then why was a fresh constitutional amendment necessary.

On the other hand, the AGP, while submitting written formulations, stated that a person acting against the defense of Pakistan or raising arms or waging war against Pakistan, can be tried by the courts under the Pakistan Army Act.

“A class of persons identified under the Pakistan Army (Amendment) Act, 2015, are admittedly acting against the defense of Pakistan, raising arms and there is real and imminent threat of war against the state of Pakistan from them.  They have, therefore, been legally subjected to the courts under the Army Act,” he further stated.

For the security of state, the AGP said, common law as well the Constitutions of all the countries recognise defense power of the State, both against an external aggression and internal insurrections, insurgencies and civil wars.

“The Constitution of Pakistan also envisages that a person acting against the defense of Pakistan or is a threat to the defense of Pakistan or any part thereof in the time of war or peace, can be subjected to a law relating to the Armed Forces i.e Pakistan Army Act and can be legally and constitutionally tried by the courts established under the Pakistan Army Act.”

The AG stated that the Parliament has validly placed the Pakistan Army Act and other laws in part I of the First Schedule to the Constitution.

“Since the coming into force the Constitution 1973, not only the laws but the First Schedule itself was amended in its entirety through the 5th Amendment of the Constitution, therefore, the existing and any new laws can be added to the First Schedule”