ISLAMABAD: The 28th Amendment in the Constitution moved in the National Assembly by the government after a near consensus among parliamentary forces specifically excludes from its application religious and other political parties regulated under the Political Parties Order (PPO), 2002.
This means that the amendment will have nothing to do with the ordinary political forces, which may serve to allay apprehensions and misconceptions of certain ordinary religious and other parties that are governed by the poll law and are answerable to the Election Commission of Pakistan (ECP). The dos and don’ts for such legal political entities have been unambiguously elaborated in the Constitution and relevant laws and their non-observance trigger action from the ECP and other judicial forums.
The amendment adds a proviso to Article 175 of the Constitution to exclude operation of this provision to the trials of terrorists by the military courts under the Pakistan Army Act (PAA) and the Anti-Terrorism Act (ATA), 1997, in certain offences. It says that provided that the provisions of Article 175 shall have no application to the trial of persons under the ATA and PAA, who claim, or are known, to belong to any terrorist group or organisation misusing the name of religion or a sect or commit grave and violent act of terrorism against the state.
The amendment gave a clear cut explanation to dispel the fears of the normal political parties regulated by the PPO, when it said that in this proviso, the expression “sect” means a sect of religion and does not include any religious or political party regulated under the PPO. All kinds of terrorists including those who act in pursuant of their sect or religion or for any other reason are covered by the amendment, which is evident from the words that those who “commit grave and violent act of terrorism against the state”. It is thus clear that the amendment doesn’t exclusively targets sectarian and religious terrorists. Rather it is all-inclusive.
Article 175 specifies the normal judicial system from the lowest tier to the highest level. It says there shall be a Supreme Court of Pakistan, a high court for each province and Islamabad Capital Territory and such other courts as may be established by law. No court shall have any jurisdiction save as is or may be conferred on it by the Constitution or by or under any law.
The amendment notes that an extraordinary situation and circumstances still exist which demand continuation of the special measures adopted for expeditious disposal of certain offences relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan by any terrorist or terrorist group, armed group, wing and militia or their members misusing the name of religion or a sect or committing grave and violent act of terrorism against the state. It said that there still exists grave and unprecedented threat to the integrity of Pakistan and objectives set out in the preamble to the Constitution by its framers from terrorist groups by raising of arms and insurgency misusing the name of religion or a sect or by committing grave and violent act of terrorism against the state or from foreign and locally funded ant-state elements.
The amendment said that it was expedient to try these terrorist groups including any such terrorists fighting while misusing the name of religion or a sect or by committing grave and violent act of terrorism against the state, captured or to be captured in combat with the armed forces. It stated that people have expressed their firm resolve through their chosen representatives to permanently wipe out and eradicate terrorists from Pakistan. Therefore, it is expedient to provide constitutional protection to the special measures taken in the interest of security and integrity of Pakistan.
The unanimously adopted 21st Amendment in the Constitution that had come into force on January 7, 2015 had stood repealed on the expiry of two years on Jan 7 this year. The new amendment, when passed, will be effective from the date the previous one expired. It will remain in force for two years.
Although the government has accepted some key demands of the Pakistan People’s Party (PPP), the latter is still sceptic and is not forthcoming to support the amendment. There is no other opposition to it. The PPP wants some give and take, mainly eyeing a massive relief to some of its imprisoned key leaders, who are facing corruption charges. But the government is unwilling to oblige.
The key opposition party, the Pakistan Tehreek-e-Insaf (PTI), extended outright support to the amendment proposed by the government as its draft was firmed up with its consultation. The government is keen to pass the amendment sooner than later, and is aggressively engaged in talks with the PPP to persuade it into supporting it.