Daily Times

ISLAMABAD: The Pakistan People’s Party and the government-ally Jamiat UIema-e-Islam-Fazl on Friday rejected two separate bills about the reinstatement of military courts.

The government had tabled the 28th Constitutional Amendment Bill and the Army Act Amendment Bill 2017 for input from all political parties. The bill generated further controversy as the JUI-F also opposed the language of the bill and termed it discriminatory while the PPP too expressed its reservation over it.

Under the Army Act Amendment Bill, special powers adopted by the military to try criminals will be extended for a period of two years. Cases pending trial in military courts after their two-year tenure was over will be transferred to anti-terrorism courts, the bill states.

According to the bill, those waging war against the state, military installations, military forces, law enforcement agencies, the judiciary, the bureaucracy, and citizens of Pakistan will be tried by military courts.

Law Minister Zahid Hamid introduced the bill to amend the constitution, Twenty-eight Amendment Bill, 2017. He also introduced the bill to further amend the Pakistan Army Act 1952, The Pakistan Army (Amendment) Bill, 2017.

Both the bills were consequently adopted by the House although PPP opposed these bills. The government was of the view that enabling trail under the Pakistan Army Act, 1952 (with sunset clause of two years) for expeditious disposal of the cases related to terrorism via 21st Amendment had yielded positive results in combating terrorism. It was, therefore, proposed to continue these special measures for further period of two years through this Constitution Amendment Bill, the government added.

The proposed constitutional amendment seeks amendment in the Article 175 of the constitution and it proposes adding a new clause which states, “Provided that the provisions of this Article shall have no application to the trail of persons under any of the Acts mentioned at Serial No.6 and 7 of sub-part III of Part 1 of the First Schedule, who claim, or are known, to belong any terrorist group or organization misusing the name of the religion or a sect or commit grave and violent act of terrorism against the State.”

The bill further explained that in this proviso, the expression ‘sect’ means a sect of religion and does not include any religion or political party regulated under the Political Parties Order, 2002.

When the two bills were laid in the NA chief of JUI-F Fazlur Rehman said that there was no doubt about it that the country was facing terrorist activities. However, he said, terrorism had no religion, tribe, sect or nationality. He said attributing the concept of terrorism with religion, religious schools of thought and seminaries were not justified. He said the military courts were formed for two years after making amendment in Army Act but no arrangements were made for the protection of the civilian institutes which dispense justice.

He said the fresh wave of terrorism, including Lahore, Sehwan and Charsadda bombings gave an impression that terrorism in the country had not been eliminated yet. He questioned whether by reconstituting military courts the services of the (armed) forces were being taken or their powers were being enhanced. He said the law should be above discrimination and applicable to all.

“Who formed militant militias under the umbrella of the state? After creating nasoor (cancer), the punishment is being awarded to religion and the (religious) sect,” he stated on a point of order.

PPP’s Dr Azra Fazal Pechuho raised her party’s reservations. She said that the tenure of the military courts should not be beyond one year. MQM lawmaker Shaikh Salahuddin said the remaining tenure of the government is and half year and it should legislate in this connection for the same period.

Earlier, the PTI and PPP staged a walkout to protest against PML-N lawmaker Javed Latif for using vulgar language against PTI lawmaker Murad Saeed’s family.