Only ‘bad terrorists’ to be tried in military courts

ISLAMABAD: The latest consensus evolved for the constitutional amendment to set up military courts, has again reverted to the previous flawed policy of trying ‘religious’ terrorists in these tribunals but saving others including those involved in subversive activities in Balochistan and massive killings in Karachi.

On Thursday, the PPP with the support of the MQM followed the western definition of terrorism and insisted that they would only agree to setting up of the military courts if they try only ‘religious’ terrorists.

A fortnight back, all the political parties except the PPP agreed to the draft amendment which had provided for widening scope for trial of all the terrorists whether those misusing the name of religion or those involved in killings and subversive activities in Balochistan and Karachi.

Although the words ‘religion’ and ‘sect’ were made part of the previous draft amendment, the political parties had agreed to try anyone by covering those who commits “grave and violent act of terrorism against the state”.

In their latest meeting on Thursday, the Jamaat-e-Islami and Jamiat Ulema-e-Islam-Fazl were ruled out to delete from the previous draft those commit “grave and violent act of terrorism against the state”.

The 21st Amendment, under which the military courts were created in January 2015 for two year, only the cases of those terrorists could be referred to these courts for trial who were involved in terrorism activities while using the name of ‘religion’ or ‘sect’.

In order to revive the military courts now, the government initially proposed the draft which only talked about terrorists without mentioning the words ‘religion’ and ‘sect’. The said draft amendment covered all terrorists without any discrimination between ‘good terrorists’ and ‘bad terrorists’.

However, the PPP and PTI insisted that the words ‘religion’ and ‘sect’ must be mentioned. Later though the PPP did not attend the parliamentary committee’s meeting for some time, the PTI agreed to add those committing “grave and violent act of terrorism against the state”.

Interestingly this addition was suggested by a MQM Senator. This addition would have undone any discrimination between ‘good terrorists’ and ‘bad terrorists’ and thus had covered all terrorists including those in Balochistan and Karachi.

However, during Thursday’s meeting the MQM joined hands with the PPP and insisted that the definition of terrorists to be tried by the military courts, will be the same as was explained in 21st Amendment in 2015.

In the 21st Amendment, it was meant to try those terrorists using the name of ‘religion’ or ‘sect’. The latest consensus changed the word “using” with “misusing”. Now, the expression would be those “misusing the name of ‘religion’ and ‘sect’”.

While the PML-N did not resist to the change suggested by the PPP and MQM, the JI and JUI-F were told that they could move their choice amendments in Parliament. However, the draft amendment to be moved by the government will be the same, which differentiate between ‘good terrorists’ and ‘bad terrorists’.

With such an amendment, those who had ransacked the Quaid-i-Azam Residency in Ziarat or were involved in innumerable subversive activities in Balochistan or have been killing soldiers, FC men and others in Balochistan could not tried in the military courts.

Similarly those who have been involved in Baldia Town Factory massacre or in thousands of cases of target killings in Karachi will also not be tried in the military courts for being ‘good terrorists’. Even those who have been involved in such killings and had RAW connection cannot be produced before the military courts.