Daily Times

The last time Pakistan was debating the issue of military courts, the horror of APS attack had just struck the country. Approximately two years after the attacks and an expiry of the two years’ tenure of the military tribunals, the leaders are again debating the issue following the recent spate of terrorist attacks across the country that have killed over a hundred people across the country.

Following the expiry of the two-year tenure of the military courts, a debate was going on among the political parties on whether the period should be extended or not. A deadlock had persisted as some parties had concerns regarding the transparency of the tribunals. Following the recent uptick in violence, the government has increased its efforts to break the deadlock. A proposal to extend the military courts tenure for three years has also been floated. During a meeting of the parliamentary leaders presided over by the NA speaker last week, the draft of a government-sponsored constitutional amendment bill seeking a three-year extension for military courts was circulated. But the meeting failed to break the deadlock over the issue as the opposition leaders refused to support the proposal without certain guarantees and intra-party discussions on it.

Since then, Finance Minister Ishaq Dar has been pursuing the issue consistently. In an effort to break the deadlock, Dar has talked to parliamentary leaders of different political parties and stressed the need for a “prompt decision”. Mr Dar also made a phone call to National Assembly Speaker Ayaz Sadiq asking him to facilitate the early convening of a meeting of the parliamentary committee on military courts so that a decision could be made as soon as possible. He told the parliamentary leaders that revival of military courts was essential for maintaining the momentum of the anti-terrorism campaign and the political leadership in the parliament should show unity and unanimity of views on the issue.

The parliamentary leaders have expressed agreement with the minister according to the official handout, but some concerns persist.

Although an extension for the military courts might be the need of the hour and are expected to get it as well, it is the current judicial system of the country that needs to be reformed. Even in early 2015, when the courts were first introduced, the government had vowed to improve the system. Two years own, no real effort has been made in this regard, and the government is forced to ask for an extension once again.

This is perhaps troubling for the democratic process of the country where the government seems to be thoroughly willing give the military courts an almost permanent status. Although the Supreme Court had given a verdict in favour of establishing the military court, it was assumed that they would be of temporary nature and significant reforms will be made in the meanwhile to the current judicial system.

Before extending the tenure of the military courts, there should provide a framework in place to reform the judicial system of the country to remove the impediments that have resulted in the need military courts. *