News
Military courts on the way
* Consensus reached at APC to amend constitution to set up special courts * Schedule 1 of 1973 Constitution will be amended through 22nd constitutional amendmentBy Asim Qadeer Rana
ISLAMABAD: Politicians and parliamentarians finally put aside their differences and resolved to amend the constitution as well as army, navy and air force acts to give legal cover to the speedy trial courts (special courts) headed by military personnel to be formed for a two-year period.
These courts will only try cases referred by the federal government and political cases of any nature will not fall in the ambit, it was learnt from government sources. The convicts from the special courts will be given right to appeal at the Supreme Court, it was learnt. For this Schedule I (clause 3) of the constitution as well as Protection of Pakistan Act 2014 will be amended. A consensus draft bill will be tabled in the National Assembly on Monday, as the government resolved to get it through without waste of time. The bill will be tabled in Senate on Tuesday to make it a law as soon as possible.
“The leadership unanimously resolved that the entire nation and its leadership stand firmly behind its armed forces engaged in fighting the war against the evil forces of terrorism and extremism,” a joint declaration issued after a five-hour-long session at the Prime Minister’s House said. “The All Parties Conference gathered to decide about the implementation of the National Action Plan and endorsed the proposed legislative measures including amendments in the Pakistan Army Act to extend its jurisdiction for speedy trial of cases under specified acts and provide the Constitutional cover with a sunset clause of two years from the date of enactment,” it further said.
“The APC reiterated their commitment to degrading, dismantling and destroying all forms of terrorism and terrorist networks. It was unanimously resolved that the 20 points enunciated in the APC Resolution of 24th December 2014 shall be acted upon expeditiously,” it declared. “The national leadership has arrived at a consensus to amend the constitution and Army Act to form these speedy courts. The government will present the bill in the National Assembly on Saturday (today) and Senate on Tuesday,” Information Minister Pervaiz Rashid told media after the APC.
“We have addressed objections of Maulana Fazlur Rehman and conveyed the same to him after the meeting,” he said when asked whether JUI chief’s objections regarding possible witch hunt of religious seminaries and welfare organizations under the ambit of new law were addressed. “Former president Asif Ali Zardari played a leadership role in arriving at a consensus in the APC,” the minister stated. Earlier, PTI’s Vice Chairman Shah Mahmood Qureshi said his party endorsed the national consensus on formation of the military courts through a constitutional amendment. Earlier, he said, his party was favouring amendment in Army Act.
Qureshi, however, noted that his party wouldn’t be returning to the National Assembly till it reaches an agreement over formation of judicial commission on 2013 elections rigging. MQM leader Dr Farooq Sattar claimed that it was the initiatives of his party that the whole national leadership favoured amendment of constitution for setting up the military courts. Earlier, the APC concluded its marathon session on a consensus note after long deliberations that revolved around ambit and scope the speedy courts to be headed by military personal. MQM’s senators Dr Farogh Nasim, PPP Senator Eitzaz Ahsan, Farooq Naik got engaged in an hour-long debate about the proposed constitutional amendment. PPP, PTI and even ANP had earlier declared to go for an amendment in the Army Act to form the special courts, instead of coming up with a Constitutional Amendment.
Maulana Fazlur Rehman also expressed his apprehensions regarding ambit and possible witch hunt of the religious seminaries and welfare organizations under the proposed laws. But PML-Q chief Ch Shujaat Hussain and Secretary General Mushahid Hussain Syed are said to have made an emotional appeal to all the participants not to lose this golden chance. Earlier, Prime Minister Nawaz Sharif Friday called for taking bold decisions to eliminate terrorism with an iron-hand, saying the decisive moment has come to hit the terrorists hard.
He further said, “If the referendum is held today, the majority of masses will give its verdict in favour of a decisive action against terrorists”. “The commitment of fighting the menace of terrorism demands us to take concrete and unequivocal decisions,” he stressed. “We will not let go waste the decisive moment of hitting hard on terrorists,” PM said while addressing the meeting of parliamentary and party leaders here at the PM House. Premier Nawaz Sharif gave his green signal for the formation of military courts asserting the National Action Plan (NAP) bill will be regulated by National Assembly on Friday while admiring the nation and the will of political parties for countering terrorism.
“Pakistan Army did not require the establishment of military courts rather the circumstances have led to the need,” said the Chief of Army Staff (COAS) General Raheel Sharif addressing the Conference.
Courtesy www.dailytimes.com.pk