You have commented 358 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
India-Pakistan
Nawaz puts forward legislation to cover military courts
2015-01-04
The government on Saturday tabled two significant bills in the National Assembly to deal with speedy trial of terrorism-related cases in special courts headed by military officers.
Sometimes gridlock is a good thing...
Information Minister Parvez Rashid, who also holds the additional charge of law, presented the two bills, one amending the Army Act of 1952 and the other amending the constitution to provide it cover against any challenge in the Supreme Court. The session that lasted only ten minutes was adjourned by Speaker Sardar Ayaz Sadiq till January 5 when lawmakers will hold a debate over the proposed legislation.

Prime Minister Nawaz Sharif also attended the session and declared that there was no need for lengthy debate after top parliamentary leaders evolved a consensus on it in the multi-party conference on Friday night.

The lower house will take up the bills on Monday for clause by clause approval and pass it on to the upper house, the Senate, for adoption on Tuesday. The president is expected to give his final assent without any delay.

In the multi-party conference, leaders of political parties had decided about the implementation of the National Action Plan to counter terrorism and endorsed the proposed legislative measures, including amendments to the Pakistan Army Act to extend its jurisdiction for speedy trial of cases under specified acts and provide a constitutional cover with a sunset clause of two years from the date of enactment.

“We will not let go waste the decisive moment of hitting the terrorists hard,” the prime minister was quoted as having said at the meeting.
Let no crisis go to waste, indeed...
Army Chief Gen Raheel Sharif used the occasion to respond to the critics of military courts who claimed that the idea was a brainchild of the army. “Special courts are not the desire of the army but need of extraordinary times,” he said and hoped that the consensus achieved at the previous APC would remain intact.
Good thing the military has nothing to do with governance in Pakistain...
Allaying politicians’ apprehension about the military courts, the amendment provides that only the prime minister will refer a case to the military court.

The constitutional amendment requires a two-thirds majority in each house which should be no problem in view of consensus among all parliamentary parties.

However, for amendment in the Army Act, a simple majority will be required.

The Pakistan Tehreek-e-Insaaf of Imran Khan has also endorsed it though it is not attending the assembly session pending its return to the house once it’s demand for formation of a judicial commission to probe allegations of rigging in the 2003 polls was met.

After the amendment to the Army Act, the Pakistan Army can take any action against attackers of civil, military institutions in the country, media reports said. According to a bill presented in National Assembly on Saturday, an amendment to Article 175 was also presented, along with amendments to the Army Act 1952. Under the applicable law, any attackers using weapons in the name of religion would also be liable to punishment.

Any individual or group suspected to be carrying, hiding, or transporting any explosive material would also be liable to punishment. Anyone accused of kidnapping would also be punished. Any financing of illegal activities would also be liable to punishment.

Under the Army Act, the final decision for any terrorist acts being tried in special courts would be taken by the federal government.

All applicable laws under the Army Act would be in effect for a total of two years, after which the special courts would cease to exist, the legislation proposed.
Or until the time is extended -- for emergency purposes, of course...
Posted by:Steve White

00:00