ISLAMABAD: Prime Minister Nawaz Sharif on Tuesday looked confident that the legislation on military-headed special trial courts would get through, but still warned against disruption in counter-terrorism consensus.

“We have isolated terrorists with our unity and we will make sure that we remain united ... We can’t betray our martyrs by showing disunity,” the prime minister said while presiding over a meeting convened to review progress on implementation of the National Action Plan (NAP) on countering terrorism and extremism.

Underscoring the government’s resolve to move ahead with the setting up of speedy trial courts under NAP, Mr Sharif said: “The National Action Plan is a manifestation of national consensus and we will ensure its swift implementation. … The government has made an iron resolve to deal with miscreants with a heavy hand”.

The 20-point National Action Plan, which also involved the establishment of speedy trial courts, was approved by consensus by the political leadership last week.

However, dissenting voices surfaced afterwards, questioning the constitutional basis of the move and its implications for human rights.

Most of the concerns have flowed from reports that the government planned to amend Article 8 (1), which guaranteed against any legislation infringing on fundamental rights, to pave the way for legislation on the proposed special courts.

Responding to critics of the military courts, the prime minister assured of discretion. “All institutions will carefully scrutinise cases before prosecution in special military tribunals.”

He clarified that only cases of terrorists involved in mass killings and attacks on troops would be referred to military courts for trial.

One of the participants of the meeting told Dawn that the prime minister appeared confident that the legislation on military courts, which is being seen as the centre-piece of the government’s new strategy to fight terrorists, would sail through parliament.

“Yes, the prime minister is cognisant of the challenges, but most of the problems are procedural in nature,” the official, who attended the meeting, said while sharing the government’s assessment.

Asked if the government had any contingency planning, the source said it was not needed.

Another source said that the meeting, in reply to a query, was told that only five judges could be found to man the 21 special courts proposed to be set up under the Pakistan Protection Ordinance for in camera prosecution of terrorism cases.

The draft of proposed constitutional and legal amendments was presented to Prime Minister Nawaz Sharif, who directed that the package of amendments should be shared with other political parties for getting their input.

The draft amendments relate to prosecution of combatants and hardcore terrorists involved in execution, abetting and financing of acts of terror.

Mr Sharif also called for providing legal protection to troops involved in counter-terrorism operations, besides including cases related to religious and sectarian attacks in the scope of the proposed speedy trial courts.

“We want to make Pakistan a safe place for every Pakistani regardless of his faith or ethnicity,” the prime minister was quoted as saying at the meeting.

Army representatives told the meeting that they had completed the groundwork for setting up speedy trial courts. The Army, however, wanted assurances that the court would be allowed to work “without hassles”.

NACTA: About activating the National Counter Terrorism Authority (Nacta), the hitherto dysfunctional counter-terrorism body, the meeting was told that its executive committee would meet on Wednesday. Interior Minister Chaudhry Nisar Ali will be in the chair.

Formed in 2008, Nacta lay dormant because of lack of clarity over the chain of command. The ISI in the past did not feel comfortable working with Nacta under the interior ministry and had wanted it (Nacta) to report directly to the prime minister.

Mr Sharif was said to have stressed “on seamless coordination” between all agencies for the successful implementation of NAP.

ISPR spokesman Maj-Gen Asim Bajwa tweeted after the meeting: “Meeting at the PM House ended after review of all dimensions of NAP. Chief of Army Staff Gen Raheel Sharif attended and the thrust of the meeting remained on expediting implementation of NAP.”

The meeting was attended, among others, by Defence Minister Khawaja Asif, Finance Minister Ishaq Dar, Information Minister Pervaiz Rasheed, Interior Minister Chaudhry Nisar Ali Khan, Khyber Pakhtunkhwa Governor Sardar Mehtab Ahmed Khan, Chief of the Army Staff Gen Raheel Sharif and ISI DG Lt Gen Rizwan Akhtar.

Published in Dawn, December 31st, 2014

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