Maemuna Sadaf
Army courts were commenced under Pakistan Army Act 1952, Article 245 of the constitution of the Islamic Republic of Pakistan which rejoins upon the Armed Forces of Pakistan to act in consonance with a provision of the said Article. This Act was made for a period of two years from the date of commencement. Army courts were made to settle the cases claiming or are known to terrorist groups using the name of religion or sect or those who raise arms or wage war against Pakistan or attack the Armed Forces or Law enforcement agencies or attack any civilian or military installation in Pakistan or against those who help terrorist groups in anyways. The Federal Government has been given the power to transfer any proceedings to army courts in respect of any person who is accused of any offense relating to terrorism or national security, pending in any court for a further trail (Under this act).The said bill was passed by National Assembly in 2015 was undersigned by Minister of Law, Justice and Human rights, Minister of in charge ( Mr. Pervaiz Rashid) who has given the following statement.An extraordinary situation and circumstances exist which demand special measures for speedy trial of certain offenses relating to terrorism, waging war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan by any terrorist group using the name of religion or a sect and member of such armed groups, wings, and militia.Military courts are just a part of a wider National Action Plan (NAP) against terrorism that government has rolled out in response to the December 16, 2014, a terrorist attack by Tehreek-e-Taliban Pakistan on Army Public School (APS) in Peshawar. Other measures include prohibitions on funding of alleged terrorist organization and legal penalties for hate speech against Pakistan or its institutions. These courts started working Jan 2015 and finished their work on 05 Jan 2017. Military Courts were made to punish those who were mainly accused of terrorism. 11 Military Courts were formed across the country to settle cases regarding national security. Total 300 proceedings were handed over to military courts for settlement. 180 cases were settled. 160 personnel were punished for terrorism or helping terrorism. 161 terrorist were sentenced to death whereas 12 were hanged. These proceedings were much quicker.During the settlement of proceedings regarding terrorism in Civil Courts, Judges and lawyers faced life threats from different groups. The families of these judges and lawyers were also threatened. Even in some cases, Lawyers were murdered and judges were threatened to such an extent that they not only quit these cases but they left the country as well. Â A few days before a formal cabinet meeting was arranged to decide either these Military courts continue to work or not. Some of the Political parties denied the decision for Military Courts to continue working. Â They are in a view that Military Courts are parallel to Civil Courts or these courts can take over civil courts. Actually, this is the wrong perception. These courts are not parallel to Civil Courts but they have helped to proceed to settle at the earliest. The decision of working with military courts is not a political matter. It is the matter of National security, law, and Order specifically in the provinces where the writ of government is being challenged by an armed terrorist. If terrorist is not penalized, terrorism cannot be uprooted. To penalize terrorists promptly, military courts are need of the hour. Military Courts along with Civil Courts can be a strong helping hand to strengthen Judiciary of Pakistan.
