Consensus on military courts as demands accepted

PPP’s four proposals, including MPs committee on national security, accepted; courts to remain in force for two years; Constitution, Army Act amendment bill to be tabled in NA today; JI, JUI-F express reservations on clause concerning misuse of religion

ISLAMABAD: The deadlock on the military courts’ extension was removed on Thursday, as parliamentary leaders from both the houses of parliament — the Senate and the National Assembly — reached a consensus on two-year extension.

Following the consensus, the constitutional amendment bill will be tabled in the National Assembly on Friday (today). The voting on the bill will be held on Monday and after passage from the lower house of parliament, the bill will be tabled in the Senate on Tuesday for approval.

Despite the consensus reached between the mainstream political parties, Jamaat-e-Islami and JUI-F had reservations about the clause concerning misuse of religion.

The PPP’s four points — the accused will be produced before the court concerned within 24 hours, the accused will be informed about grounds of arrest within 24 hours, the accused will have right to lawyer of choice and provisions of Qanoon-e-Shahadat 1984 shall apply — will be part of the bill.

“Following the consensus, the amended draft of 28th Constitutional Amendment would be placed before the National Assembly on Friday and it is expected be passed on Monday and subsequently by the Senate on Tuesday,” said Speaker National Assembly Sardar Ayaz Sadiq while talking to newsmen along with the parliamentary leaders.

Sadiq said all the parliamentary parties had shown flexibility leading to consensus, as the country was in a state of war. He said the PPP’s four suggestions had been accepted while the PPP had also agreed to withdraw its other proposals.

“There would be a little change in the original constitutional amendment draft of the year 2015 and instead of words 'use of religion' word ‘misuse of religion’ has been incorporated but the Jamaat-e-Islami and JUI-F had reservations about it. It is expected that the government would also make efforts to remove their reservations,” he said.

Sadiq said it was also decided to form the Parliamentary Oversight Committee on National Security comprising all the parliamentary leaders from both the houses of parliament. The resolution for the formation of the committee wouldalso be passed by the National Assembly on Monday and subsequently by the Senate on Tuesday.

‘The Parliamentary Oversight Committee on National Security will formulate its own Terms of References (ToRs),” he added. Finance Minister Senator Ishaq Dar said all the political parties had agreed to further amend the Constitution to revive the military courts for two years. 

“PPP’s four proposals have been accepted which will be incorporated into the proposed bill for amendment to the Army Act while the PPP has withdrawn its remaining proposals,” he said. He said it was also agreed that the scope of the parliamentary committee would be widened to review the military courts and national security matters.

“The committee will also propose a permanent system in two years,” he said. He said all the decisions were taken by consensus in the best national interest. Opposition Leader in the Senate Aitzaz Ahsan said the country was in a state of war and that’s why his party had agreed to extend the military courts for another two years. 

“Basically, our four basic demands were accepted as well and we expect that the scope of Parliamentary Oversight Committee on National Security would be widened as promised by the government,” he added. He said the law minister will incorporate the PPP demands into the draft bill for amendment to the Army Act and ‘it would be shared with us after getting the final shape.’

Aitzaz said it was a case of give and take, as on some points the government had shown flexibility and they on others.  “We are agreed on time limit of two years extension in the military courts and before expiry of this limit, improvement will be made in the laws,” he added.

PTI leader Shah Mahmood Qureshi said all the political forces of the country had shown flexibility on the extension issue. He said the spirit of consensus was that any particular religious community will not be targeted.

Meanwhile, talking to newsmen Aitzaz said it was agreed that the accused will be produced before the court concerned and supplied with grounds of arrest within 24 hours.  “The accused would also have the right to engage a lawyer of choice and provisions of Qanoon-e-Shahadat 1984 shall apply,” he told the newsmen.

Aitzaz Ahsan said the PPP had withdrawn its proposal for right of judicial review by high courts under Article 199 of the Constitution, as the judiciary was already exercising its constitutional powers.  “We believe that the proposals which we have withdrawn will not affect the rights of the accused,” he added.

“We have withdrawn the demand that the sessions judge/additional sessions’ judge be nominated by the chief justice concerned, as there was an understanding in the meeting that the chief justices of the high courts may not allow sessions judges to be part of the military courts."