PPP, PTI insist on connecting definition of terrorist with religion

ISLAMABAD: The PPP and PTI have joined hands to get back to “good terrorists and bad terrorists” definition in order to try in the proposed military courts only those who do terrorism while using the name of religion.

The JUI-F and Jamaat-e-Islami are however in complete support of the PML-N government’s draft constitutional bill which proposes that terrorists belonging to any organisation would be tried in the military courts.

While the PPP and the PTI are adamant to include “religion” while defining the terrorist as has been the case in the 21st amendment, the JUI-F and JI are insisting that it would be unacceptable to them to connect terrorism with religion as is the case in the west.

Maulana Fazlur Rehman reportedly told the meeting, which held here on Friday to discuss the issue of re-establishment of military courts that he has already discussed the issue with Asif Ali Zardari and found him convinced that while defining terrorists there should not be any mention of “religion”.

Sources said that while the Maulana resolved that he would again talk to the PPP’s co-chairperson on the issue, the PPP said that the matter would be discussed in the APC, convened by the party on March 4.

The PTI representatives were insistent that “religion” must be mentioned while defining terrorists to be tried by the military courts. The definition of terrorists in the 21st constitutional amendment had excluded terrorists who are fighting the state and involved in massive killings in Balochistan and Karachi from military court’s trial. 

The government’s draft constitutional amendment was aimed at undoing the past dividing of terrorists into two categories -- good terrorists and bad terrorists -- and for the same reason the word “religion” was removed from the 21st amendment.

In order to create a possible consensus, a suggestion was made to add terrorists “committing grave and violent acts of terrorism against the state” without deleting the word “religion”. However, the JIU-F and JI did not agree to it and maintained that terrorists of all categories should be covered in the definition as has been done by the PML-N government.

The 21st amendment under which the military courts worked for two years had envisaged that only those suspect terrorists would be tried in the military courts who belonged to any terrorist group or organization using the name of religion or a sect. 

Thus those involved in terrorism and massive killings, mainly in Balochistan and Karachi, were exempted from military court’s trial only because they belonged to terrorist organizations that are not using the name of religion or sect. 

Because of this serious discrimination, no case of any terrorist belonging to MQM or any proscribed/terrorist organization from Balochistan was referred to the military courts from January 2015 to January 2017.

For the future military courts, the government recommended that cases of those suspect terrorists could be referred to the military courts who claim or are known to belong to any terrorist group or organization and, -- “(a) raise arms or wage war against Pakistan, or attack the Armed Forces of Pakistan or law enforcement agencies or public servants or attack any civil or military installations in Pakistan; or (b) abduct any person for ransom, or cause injury or death of any person; or (c) possess, store, fabricate or transport or use the explosive, fire-arms, instruments, articles, suicide jackets; or (d) use or design vehicles for terrorist act; or (e) provide or receive funding from any foreign or local source for the illegal activity under this clause; or (f) act to over-awe the state or any section of the public; or (g) create terror or insecurity in Pakistan or attempt to commit any of the said acts within or outside Pakistan.”

Under the proposed constitutional amendment, the military courts will try only those cases which would be referred by the federal government.