Revival of military courts

Author: Mubarak Ali Baloch

Calamitous accidents usually play catalyst urging a nation to rise to the occasion and respond befittingly. The gruesome terror attack on APS Peshawar drove this nation to an exceptional consensus demanding for a ruthless strategy against the terror mongers. This paved the way for conceiving National Action Plan (NAP), a programme encompassing a multi-pronged approach to tackle the menace of terrorism. In January 2015, with a consensual vote, a constitutional amendment was rushed in authorising the establishment of military courts to try civilians involved in terrorist activities. On 7 January, this year, these courts ceased to function due to the expiry of constitutional cover. Perhaps the legislators are satisfied with the two-years-long performance of these tribunals as once again 28th constitutional amendment is on the way promising a new lease of life to military courts for another two years. Being a parallel judicial system, the existence of these courts in a democratic dispensation renders the civilian judiciary’s stature small.

A little roving reflects that civilian institutions have gone weak or perhaps have run out of their capacity to serve the purpose for which these were created. A politician would probably try to justify that the repeated military interventions disrupted the institutional growth in the country over a period of time. While it might partially be true, but the question is what have the civilian governments done during the stint of their rule for the strengthening of institutions? In fact, nothing! Army is requisitioned to perform relief and rescue work during any adversity, provide security to census team, ensure safe conduct of general elections, operate against dacoits, reach road and rail accident sites, rehabilitate internally displaced population, re-raise physical infrastructure in areas cleared of terrorists, conceive and implement a security plan for a cricket match, and the list goes on. What’s left from governance sphere is policing, but the same is also already handed over to paramilitary force in the country. A civilian dispensation is left to run schools, hospitals and provide municipal services. These services are also not provided efficiently either. On the other hand, armed forces have been doing remarkably good in the areas they are assigned. It is certainly the ‘discipline’ mixed with a systematic approach enhancing their capability to give desired dividends.

What is to be said of a judicial system when an acquittal order of an accused reaches a jail only to learn that the defendant has already been executed? There are hundreds of thousands of cases pending with judiciary at various levels. Meanwhile many are rotting in jails till their cases are decided. Even prisons are poorly managed, and the inmates get spoiled instead of being reformed. Take into account the farmers’ woes, police excesses, feudal lords’ callous behaviour towards people, and the poor social justice creating unrest and quarrelling tendencies in common folk. We learn about petty issues developing into internecine clashes particularly in the countryside. This is the manifestation of cumulative adverse impact on our social structure.

The bulk of the politicians, if not all, are victims of temptations succumbing to insatiable greed. On 7 January 2015, Mian Raza Rabbani, Chairman Senate, while casting his assenting vote for the establishment of military courts had said, “I have been in the Senate for more than 12 years, but have never been as ashamed as I am today, and I cast my vote against my conscience.” Similar are his sentiments when once again the ‘constitutional amendment’ is being brought in granting two years extension to military courts. While commenting on his recently published short stories book ‘Invisible People’ Mr Rabbani said, “What made me turn to fiction was the intense feeling of not being able to achieve, not being able to deliver.” Opposition leader in Senate Barrister Aitzaz Ahsan said that it was a bitter pill PPP agreed to swallow. One wonders as to what did actually obstruct politicians from being transparent in their political behaviour?

A modicum of working discipline in political parties resisting unethical allurements can make them work marvels for institutional development and services to people. An unfair culture in political circles has been hamstringing the expected salutary change to take place in society. The poor picture painted by the general public about politicians is generally right. It is the political maturity that blesses a politician with sagacity and wisdom employed for the good of the state. Being in tears or melancholy utterance on voting occasion will not bring a change. I wish such feelings were expressed in the rampant nepotism, favouritism and lackadaisical approach of politicians towards governance issues. People admire a transparent and dependable political culture. This admiration would go a long way in keeping intrusive forces at bay. Will political parties dare to create such ‘public applause’ by virtue of their unblemished public behaviour?

Respect for law is visibly dwindling as the institutional checks are lacking allowing the criminal audacity to make inroads in society. “When the laws lose their force and those who defend them, their authority, sincerity and liberty are universally impossible,” said eighteenth-century French philosopher Jean-Jacques Rousseau. The legislators should first mould themselves accordingly and set some enviable examples to be followed to ensure the rule of law. It will be unfair to say that our political milieu is transparent. Opacity in the behaviour of those running public offices is the major problem in our country. A Republic of perfidy is, unfortunately, proliferating in the country. It should be the law and not certain individuals to be master of the people.

To arrest the further slide into the morass of terrorism some socio-economic vision promising social justice is required. Militarised approach against terror is palliative, but there is a need for the curative approach. Reasons giving birth to public despondency may be addressed. This is possible in case political leadership shows pragmatic approach to this problem. Otherwise sobbing and expressing sorrow for voting against one’s conscience will not be the last episode.

The writer is a freelance columnist, presently working on a paper researching rural crime and causes. He can be reached on Twitter @M_Abaloch

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