Military courts may continue as criminal justice system not reformed

ISLAMABAD: Delay in overhauling of the criminal justice system may lead to further extension in the life of military courts.

The military courts, set up under the 21st Constitutional Amendment, will expire in less than five months’ time on January 7, 2017. However, the federal and provincial governments have not yet overhauled the criminal justice system, whose failures had led to the creation of military courts as a stop-gap arrangement.

The 21st Amendment was approved by parliament early last year as a bitter pill after the prevalent criminal justice system was not found strong enough to meet the challenge of speedy trial of terrorists.Overhauling of the criminal justice system was also resolved in the National Action Plan, evolved following 16 December 2015 terrorist attack on Army Public School in Peshawar. However, despite the lapse of 20 months nothing has been done to improve the criminal justice system. 

While agreeing to the National Action Plan, different political parties had agreed to the setting up of the military courts for speedy trial of terrorists, expecting from the government to overhaul the criminal justice system to fill in the serious gaps that had led to the time barred establishment of military courts.

Following political consensus, the 21st Constitutional Amendment was passed by both the National Assembly and the Senate on January 6, 2015, and received the assent of the president on January 7, 2015.

The 21st constitutional amendment made changes in Article 175 and the First Schedule of the Constitution. It also had a self-contained sunset clause, which causes the amendments to expire on January 7, 2017. As per the 21st Amendment, the provisions of this Amendment Act shall remain in force for a period of two years from the date of its commencement and shall cease to form part of the Constitution and shall stand repealed on the expiration of the said period.

As the deadline for the military courts is getting nearer, there is no initiative of any of the federal or provincial government in the sight to enable the criminal justice system to respond to the challenge of speedy disposal of terrorism related cases.

Overhauling of the criminal justice system requires the collective input from federal and provincial governments, judiciary and lawyers. The federal government, however, has the basic responsibility to take the initiative and do the required coordination.

Depoliticisation, training and capacity building of police and prosecution departments, cooperation of lawyers’ community to avoid adjournments, amendments to Pakistan Penal Code, Criminal Procedure Code etc are some of the measures that are required to be taken by the federal and provincial executives. The judiciary too has to play its role in ensuring expeditious trial and check delays.

None of the above has been done as yet owing to which the criminal justice system of the country remains the same as it was in early 2015 when the constitution was amended to establish military courts.

While tabling the 21st constitutional amendment bill, it was argued that an extraordinary situation and circumstances existed which demanded special measures for speedy trial of offences relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan. It was also said that there existed grave and unprecedented threat to the territorial integrity of Pakistan by miscreants, terrorists and foreign funded elements.