Duty fulfilled with regard to 21st Amendment, says Senate

ISLAMABAD: The Senate of Pakistan has clarified that it had timely proposed a mechanism to fill the vacuum for combating terrorism in Pakistan, which may occur after January 07, 2017 due to sundown clause in the Constitution 21st (Amendment) Act 2015, dealing with establishment of military courts.

The Upper House of the Parliament timely passed the relevant bills on January 18, 2016 and transmitted them to the National Assembly with intent to initiate the process of legislation well before time to provide a baseline to the government for further improving on the same.  

The Senate Secretariat has taken notice on impression, which has been created in the media that Parliament has not acted with respect to the sundown clause in the Constitution Twenty-first (Amendment) Act, 2015, dealing with the establishment of Army Courts. 

“This impression is factually incorrect as the Senate of Pakistan; House of the Federation has always remained conscious that the Parliament of Pakistan legislated for establishment military courts for speedy trial of terrorists as an exceptional step,” it noted.

However, this special measure shall come to an end in January, 2017 as the Constitution (Twenty-First Amendment) Act, 2015 provides a sunset clause, according to which, the provisions of the Acts shall remain in force for a period of two years from the date of its commencement. Therefore, a Committee of the Whole House was constituted on May 18, 2015. 

The committee recommended two draft bills and special measures to improve the existing legislative and administrative mechanism for combating terrorism.   The report of the committee was adopted by the House on December 31, 2015 and thereafter it was sent to the government for implementation. 

The two bills namely — the Anti-Terrorism Act (Amendment) Bill, 2015 and the Witness Protection Bill, 2015 — were piloted by Senator Raja Muhammad Zafar-ul-Haq, Leader of the House Senator Aitzaz Ahsan, Leader of the Opposition and all parliamentary parties’ leaders in the Senate namely Senator Col. (R) Syed Tahir Hussain Mashhadi, Senator Hasil Khan Bizenjo, Senator Saeed Ghani, Senator Muhammad Talha Mehmood, Senator Mushahid Hussain Syed, Senator Iqbal Zafar Jhagra, Senator Muhammad Usman Khan Kakar, Senator Dr. Jehanzeb Jamaldini, Senator Baz Muhammad Khan, Senator Hidayat Ullah, Senator Nauman Wazir Khattak, Senator Siraj ul Haq and Senator Syed Muzafar Hussain Shah.

The Senate unanimously passed the bills on January 18, 2016 and the bills were transmitted to the National Assembly.  The draft laws were passed with the intent to initiate the process of legislation well before time as well as to provide a baseline to the government for further improvising on the same.

The Senate, hence, conscious of its constitutional role, has already proposed a mechanism for filing the vacuum for combating terrorism in the country, which may occur after the January 07, 2017.