HYDERABAD, Feb 3: Senior lawyers of the city have expressed serious reservations over the inclusion of army officials in the Anti-Terrorism Courts (ATCs) by way of an amendment in the Anti-Terrorism Act (ATA) 1997.

They pointed out that there was no need to increase the number of judges in the ATCs with the inclusion of lieutenant colonels and added that these courts would now become summary military courts.

Expressing their views to Dawn on Sunday, the lawyers said that the judiciary must react to the new amendment because it directly concerned its status and authority.

The newly elected vice chairman of Sindh Bar Council and former additional advocate general, Sindh, Abdul Sattar Kazi, said that it was in utter violation of the constitution that the courts would be headed by army officials.

He added that now the rank of a judicial magistrate had been made equivalent to that of a session judge. He said that the judicial magistrates were subordinate of session judges and how they would work with each other while sitting at the same bench.

He said that it was against the constitution as well as criminal procedure code.

A senior criminal lawyer and former advocate general, Sindh, Qurban Ali H. Chohan, said that under normal circumstances in the country, such courts were simply unimaginable.

He said that the rulers must keep in mind that the present situation did not call for Defence of Pakistan Rules or imposition of martial law. He said that the fundamental rights of citizens were still in existence as they had not been suspended by the government.

He maintained that in the constitution no role had been specified for the army with regard to judiciary.

He referred to article 4, 8 and 25 of the constitution which dealt with the fundamental rights. He added that article 8 said that no law would be enacted which was inconsistent or derogatory and contravenes the fundamental rights of the citizens.

Describing the government’s decision as unconstitutional and illegal, a member of Pakistan Bar Council, Yousuf Leghari said that this would ultimately make the country a police state keeping in view the fact that police had been blessed with vast powers under the new police system.

He argued that the decision also came in sharp contrast with President Gen Pervez Musharraf’s announcement about strengthening democratic institutions.

He said that the senior and competent lawyers would certainly object to appearing before the ATCs including army colonels.

He condemned police baton charge on the members of Lahore High Court Bar Association who were protesting against the amendment in the ATA 1997.

He said that if there was any need of more courts then the number of courts should have been increased rather than the inclusion of army officials who did not know the laws.

Another senior criminal lawyer and member of SHC Bar Association, Hidayatullah Abbasi said that in case an army colonel and a judicial magistrate had unanimous opinion, then session judge, who had more experience and was more competent, would have no say in the judgment.

Former president, Hyderabad District Bar Association, Chaudhry Basher Gujjar said that the lawyers must oppose this initiative as it was against the basic principles of law.