administering hearing in his case and who is the witness and who is prosecuting the entire hearing, thus lessening the threat element.
There are many examples in the world, where these arrangements were employed in special situations. With approval of the 21st Amendment, the military courts have been constituted for a period of two years and the option of online proceedings of terror suspects can be adopted in the long run.
Rizwan Abbasi, an advocate of the high court dealing with high-profile terrorism cases, when contacted, said that the Anti-Terrorism Act allows video link proceeding of terrorism cases.
"Proceedings may be held in-camera or under restricted entry of public, whenever necessary, for protection of judges, witnesses or the victim's family members or to prevent persons from crowding or storming the court to intimidate the judge or to create a threat," concluded Abbasi, quoting the concerned paragraph of the Anti-Terrorism Act.
A senior lawyer, commenting on the online proceedings for terror suspects, stated that there is no provision in the existing law for such an arrangement; however, the Anti-Terrorism Act allows the online trial of suspects in terrorism cases. As Pakistan is in a state of war, these anomalies can be defined further through some constitutional amendment.
Quoting the Memogate scandal case, he said that in that particular case the court allowed recording of statements by witnesses through video-link arrangements. The military courts are being constituted for a period of two years and taking advantages from this time the government should arrange special training courses for prosecutors to conduct proceedings through video and audio links, he suggested.
He elaborated that during working of the military courts, the government should devise modus operandi for future course of action relating to terrorism cases and online proceedings of terror suspects is a workable suggestion.
Barrister Muhammad Ali Saif, sharing his opinion, said that as per Pakistan Penal Code, the appearance of the witness before the court is a must to record his statement, however, special measures could be sought out relating to the ongoing challenges of the country.
He said that Section-164 of the Law of Evidence defines anomalies relating online trials of terror suspects and possibility of audio video proceedings could be ensured with amendment in this law.
The online trials of terror suspects could be employed in the long run or by military courts as well. The ongoing era is of communication where 60-70 per cent populace has access to communication gadgets. If terrorists can use technology for their nefarious designs, it can also be used for giving them punishment.
The committee, which has been tasked to define procedure for working of the military courts, should give a serious thought to this aspect.