S. John
16 December 2014, the incident of Army Public School Peshawar unfolded, which is considered the
most tragic episode of terrorism in the country. It was a massacre of more than 130 innocent children that led the whole world into tears. This terrorist attack, being the deadliest, was one of the several onslaughts continuously haunting the minds of citizens of Pakistan since last 2 decades. People of Pakistan have been living in a state of constant fear of terrorism since the start of US-led War on Terror.
The implications of this war had been drastic on Pakistan’s economy as well as growth posting a loss of more than US$ 120 Billion somehow halting the progress of the state. More than 50 thousand Military personnel and civilians have lost their lives at the hands of terrorism.
With the campaigns of the international community including European Union and Human Rights Organizations working in Pakistan to denounce the brutality of executions, only 8 out of 3000 terrorists imprisoned were given death penalty after sitting for 8 years in prison. There was no law that addressed the death sentences and would offer a speedy justice to the suspect. There was no fear among the terrorist but the general public, which was evident from the frequent terrorist activities all across the country. Terrorist detained would be released and their cases could extend to years making the prisons a safe haven for terrorists to breed their mala fide designs.
The Peshawar chapter was an eye opener for the entire nation and all the parties came to the table to discuss immediate measures in the hour of need to counter terrorism.
A political consensus led to the formulation of National Action Plan (NAP) to dismantle terrorist groups from the country. The 20 points in the NAP had a clause stating ‘formulation of military courts for a period of 2 years initially for speedy trial of terrorists’.
This clause remained center of controversies for quite some time due to personal and political advantages of people acting against its implementation but the results of the establishment of military courts were remarkable.
Till date, 717 cases of terrorism have been referred to the military courts after the launch of military operation Zarb-e-Azb, stated the Defense Minister Parvez Khattak in a press briefing, out of which 185 are still ongoing. ISPR confirmed that out of total 717 cases handed over by the government to the Military Courts for trial, 310 terrorists were given death penalty while 234 were awarded laborious imprisonment from minimum 5 years duration to maximum life imprisonment. 56 out of these 310 were executed after completion of the legal proceedings.
The fear that these Military courts have instilled in the lines of the terrorists is evident from the exponential decline in terrorist activities in the country. From 5 terrorist attacks a day in 2014 to hardly any incident in months, is what the Military courts have achieved in the course of less than 4 years. Within just few months on the establishment of the courts there was a massive 45 percent decrease in the terrorist attacks. These prominent figures are what defines the success and need of military courts.
Undoubtedly the civil courts need to be strengthened and upheld but these merciless criminals and murderers need to be dealt strictly in time which to date has not been the mandate of the civil courts due to various political and social pressures.
The trials in civil courts very rarely concluded since numerous witnesses backed out after receiving death threats from the organization the suspect elonged to. The civil courts have not achieved the standards necessary for addressing critical issues speedily and the proceedings sometimes take ages to mature and to conclude the trial. Due to inefficacy and lack of honesty in the civil courts, justice is seldom served and the criminals are acquitted or released after series of irresolute hearings. Justice delayed is justice denied. Cases in military courts are resolved in weeks or months without prolonged sessions and delays which is a norm in civil courts. This has led to a terror that is surfacing the minds of terrorist and they are hesitant to conduct any misadventure in the name of terrorism. Pakistan army and its courts ensure that ‘Justice is neither delayed nor denied’ and the cases of suspects are disposed of well in time.
Pakistan, as a country is struggling through financial imbalance that demands an addressing policy and sincere efforts in the right direction. So many factors are involved in halting the development of Pakistan with terrorism being the primary root cause. It acts as a termite on the economy where all the efforts and resources are directed towards countering terrorism leaving areas of development unattended. Pakistan needs to shift the focus towards development and progress which can only be achieved by undivided attention of the government towards growth and prosperity. Let the army and its courts deal with the fanatics and the government devote itself to the economic stability.
