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Tuesday April 23, 2024

No option but military courts to deal with militancy, says AG

Centre submits reply to SC on petition against 21st Amendment; says it doesn’t contravene Constitution

By our correspondents
February 24, 2015
ISLAMABAD: The government has filed a reply in the Supreme Court (SC) in support of the 21st Constitutional Amendment and the formation of military courts, saying military courts are the need of the hour as there was no other option but these courts to deal with the scourge of militancy. Also, these had not been set up for a longer period.
A three-member bench of the SC, led by Justice Anwar Zaheer Jamali and comprising Justice Sheikh Azmat Saeed and Justice Mashir Alam, would take up for hearing the petitions filed against the 21st Constitutional Amendment today (Tuesday).
The reply filed by the Attorney General (AG), Suleman Butt, on the behalf of the Federation said, “Introducing amendment to the law and Constitution is prerogative of parliament. The elected representatives of the people are present in parliament and they make amendments to the Constitution and law in the perspective of changing time after consultations.”
The reply further said, “Military courts are need of the hour and these have not been constituted for a long time. Their function is confined to specific limits. It was inevitable to do so to arrest the wave of terrorism. All the political parties are being represented in parliament and stakeholders had corroborated this step.”
The reply further stated, “The decisions given in India cannot be applied to Pakistan. A marked difference persists in the law and Constitution of Pakistan and India. The decision of Indian SC is alien to the spirit of Pakistani Constitution and it is not binding on us to accept Indian SC decision. Therefore, the petitions filed in this respect are non-maintainable and these be dismissed.”