Military Courts should continue for a while!

This month, the Supreme Court issued a stay order against the Peshawar High Court’s ruling on the 74 terrorists convicted by the military court, and jail superintendent had been asked to stop the release of the convicts. Earlier, the military courts had requested that their original sentences be restored, and on November 2, the government had filed an appeal in the Supreme Court against the Peshawar High Court’s decision to set aside the sentences of 74 convicts. A two member-bench, headed by Justice Azmat Saeed, was hearing the case. Fifty convicts were awarded death sentences while the remaining 24 were serving prison time. The convicts’ relatives had challenged their convictions under Article 199 of the Constitution, which relates to the jurisdiction of high courts. Admitting the federal government’s appeal, the two-member apex court bench headed by Justice Sheikh Azmat Saeed stopped the authorities from implementing the PHC order.
Military courts expired on January 7, 2017, after the expiration of a sunset clause included in the legal provisions under which the tribunals were established in 2015. However, on March 31, 2017 then president Mamnoon Hussain gave his formal assent to the Pakistan Army Act 2017 and the 23rd Constitutional Amendment Bill ? the two pieces of legislation aimed at granting legal cover to military courts ? after they were cleared by the parliament. The courts were subsequently revived for two years and given legal cover from the day of their expiry. As COAS General Qamar Javed Bajwa said the other day that war on terrorism continues, it is hoped that the government would extend the period of military courts for two years after it expires on 31 March 2019. After APS attack in December, 2014 every Pakistani wanted a strong action against militants. National Action Plan was formulated and military courts were establlished.
President Mamnoon Hussain in January, 2015 had signed the 21st Constitutional Amendment Bill 2015 into law, making it a part of the Constitution. The bill had been passed in the National Assembly and Senate, and was passed unopposed in both the Upper House and Lower House. The bill was presented in the National Assembly to seek changes in the Constitution and Military Act to speed up trial of terrorists after Tehreek-i-Taliban Pakistan gunmen killed over a hundred schoolchildren in an attack on December 16, 2014. At that time, the Constitutional Amendment Bill was passed with 247 votes – 14 more than the required two-third majority in the National Assembly and 78 votes out of 104 were passed in the Senate. The amendment in the bill was aimed to set up special courts for militant’s trials and it was not opposed by any member present inside the house.
All Parties Conference (APC) had also given their consent for the amendments to the Pakistan Army Act to extend its jurisdiction for speedy trial of cases under specified acts and provided the constitutional protection to this act for two years from the date of enactment. Brainstorming sessions were held under the leadership of Speaker National Assembly, Sardar Ayaz Sadiq to finalize the draft legislation envisaging revival of military courts. But some political parties especially Pakistan People’s Party had raised questions on these courts despite government’s several concessions including reducing the tenure of the courts from three to two years. Anyhow, the people of Pakistan expect from their elected representatives to ensure speedy trials in military courts and effective justice so that they are relieved the stress that justice is neither delayed nor denied. Since PTI government and military are on the same page, it will not be difficult to extend the period of military courts for another period of two years.