PTI’s policy has unnecessarily been spawned.
Almost same is the case with the Pakistan People’s Party (PPP). In the December 24 discussions, its representatives had also agreed to the proposal. The biggest support, though slightly conditional, to the setting up of the military courts had come from a person no less than PPP chief and former president Asif Ali Zardari. He had stated at the death anniversary congregation of Benazir Bhutto in Garhi Khuda Bux on December 27 that his party has backed the recommendation with the condition that these courts will not target politicians.
However, PPP Senator Raza Rabbani has now expressed reservations over military courts and advised the government to learn lessons from thepast as two civilian regimes were toppled by martial laws. It was always during the PML-N stints that such courts were set up, he said.
However, PPP Senator Aitzaz simplified the creation of military courts saying that they can be established by bringing about a change in an ordinary law that the Parliament can pass with a simple majority, and there is no need of any constitutional amendment. “We rejected the draft presented by the attorney general in Monday’s meeting and offered a very brief and simple amendment in a law to satisfy the mandate of the December 24 deliberations.”
Former Chief Justice Iftikhar Mohammad Chaudhry has also described the proposed setting up of military courts as unconstitutional. “Military courts are illegal and unconstitutional. The basic structure of the Constitution guarantees an independent judiciary, and military courts cannot be created in the presence of an independent judiciary.”
The Jamaat-e-Islami was the first political party that had stood against the idea of military courts. But in the December 24 session, it too had changed its mind, though reluctantly. The political parties continue to highlight their fears and apprehensions despite the fact that General Raheel Sharif has categorically assured the parliamentary leaders that he guarantees that these forums would only try ‘jet black terrorists’ with the objective of getting rid of the scourge of terrorism and would not arraign any political figure.
The parliamentary parties, which concurred to the proposal in the presence of the COAS but are disapproving it afterward, are following a hypocritical policy. It is quite possible that they will be fully on board after another meeting on the pattern of the one held on December 24.
Prime Minister Nawaz Sharif has made it clear that the creation of the military courts is part of the 20-point National Action Plan (NAP), which was unanimously approved by all the parliamentary parties.
As per the NAP, the military courts are to function for two years. As they try and convict hardcore terrorists, the government may use this period to massively rectify the normal criminal justice system so as to enable it to meet the new challenges.
The final go-ahead to the establishment of military courts from all the parliamentary parties may be forthcoming with some more discussions and efforts by the prime minister and the army leadership. But the biggest test these forums will face will come when they will be challenged in a superior court especially in view of the fact that the Supreme Court had declared such tribunals null and void back in 1999.
Generally, the superior courts treat special tribunals as a parallel judiciary, which, they are sure, is not allowed under the Constitution. Whenever special courts have been disputed at a judicial forum, superior courts have been laying down strict guidelines to be followed by them where the parties involved are given the due right of hearing, defence and appeal.