Army Act amendment bill approved by Senate

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7

A bill proposing amendments to the Army Act 1952 and the 28th Constitutional Amendment Bill were presented to the Senate on Wednesday after the National Assembly passed both with the requisite margin of votes a day earlier.

The two pieces of legislation, presented to the Senate by Law Minister Zahid Khan, are aimed at granting legal cover to military courts.

Following a brief debate, the house approved the Army Act Amendment Bill but postponed approval of the 28th Constitutional Amendment due to a lack of sufficient votes.

The bill, which seeks to "enable trial under the Pakistan Army Act, 1952 for expeditious disposal of cases related to terrorism", was opposed by Jamiat Ulema-i-Islam-Fazl (JUI-F) Senator Ata-ur-Rehman, Pakhtunkhwa Milli Awami Party (PkMAP) Senator Usman Khakhar, and Balochistan National Party-Mengal (BNP-M) Senator Jahanzaib Jamal.

However, their opposition had little effect on the proceedings of the vote, as the bill was supported by the government and the larger opposition parties, including the PPP.

The bill was passed with the required two-thirds majority.

Speaking on the Senate floor, MQM Senator Barrister Saif insisted that political parties should focus on checking themselves instead of criticising the army.

"In the past two years, the government failed to build the judiciary's capacity and thus the army cannot be blamed," he maintained.

Military courts were disbanded on January 7, 2017, after a sunset clause included in the legal provisions under which the tribunals were established, expired.

Till recently, the government and the opposition had struggled to reach a consensus on reviving the courts despite frequent discussions.

The primary concern of critics was the mystery surrounding military court trials: no one knows who the convicts are, what charges have been brought against them, or what the accused's defence is against the allegations levelled.

Proponents say said the courts had acted as an "effective deterrent" for those considering violent acts.

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