Special courts being established for terror trials, says Khawaja Asif

Dawn.com | Abdul Shakoor KhanUpdated December 19, 2014

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Defence Minister Khawaja Asif. - Reuters/File

ISLAMABAD: Defence Minister Khwaja Asif on Friday stated that special courts were being established for trials of cases relating to terrorism.

Speaking to DawnNews in an interview, Asif said carrying out of death penalty against terrorists would begin soon, adding that the government had consciously decided to lift the moratorium on capital punishment.

He further said that the process of establishing special courts for the purpose of trying terror suspects was already underway.

Asif added that there would be no discrimination in carrying out convictions of terrorists who have been sentenced to death and whose appeals have been rejected.

Also read: Zero tolerance for terror, Nawaz, Raheel decide

The defence minister’s remarks comes as the civilian and military leadership of the country has decided on zero tolerance for terror.

The latest developments come in the aftermath of the attack on Peshawar’s Army Public School in which over 140 people — mostly children — were killed.

Soon after the attack, the prime minister lifted the moratorium on capital punishment and managed to develop consensus among parliamentary parties on the way forward in fighting the scourge of terrorism in the country. Moreover, the army chief dashed to Kabul around the same time, securing assurances from Kabul and the International Security Assistance Force (Isaf) for anti-terror cooperation.

More on this: Death for terrorism

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Comments (68) Closed

Naxalite

Dec 19, 2014 04:05pm

Will see if you do "something" this time or not.

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sajn

Dec 19, 2014 04:11pm

So once again, politicians who otherwise bleed the country dry, absolve themselves of their own responsibility and pass it to the military. What is the point of having a Judiciary if you cannot rely upon it to deliver justice?

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Riaz

Dec 19, 2014 04:21pm

Excellent step, need of the hour.

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responsible

Dec 19, 2014 04:24pm

Can we now catch the culprits of model colony.

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GKA

Dec 19, 2014 04:25pm

Why military courts ? Why not civilian courts. This is another step in giving the military supremacy over what is entirely a civilian matter. Military's warped sense of priorities and strategies is one of the reasons all these groups flourish in Pakistan.

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RealDeal

Dec 19, 2014 04:25pm

Mr. Asif - I generally do not like you because of your politics. But today I salute you, PM and the govt. for once taking a brave decision. There is absolutely no other way to tackle this beats. The handlers of such terrorists know that even if they are caught, the will not get any major punishment and in the due course, their comrades will get them out via jail breaks. GET RID OF ALL TERRORIST inmates. No need for this extra burden on our society.

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Daanish

Dec 19, 2014 04:29pm

that is not the answer to this problem. lets try all criminasl in our courts under our constituion,military courts never serve justice.

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Aziz

Dec 19, 2014 04:29pm

Why are civil courts not being given sufficient powers to deal with terrorists? It is the governments responsibility to enact appropriate laws through the parliament urgently so that judges are empowered and not legally constrained.

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zahid

Dec 19, 2014 04:32pm

thats great, now how about setting up courts to try rulers and peareople who plunder and destroy pakistan's economy and exacerbate poverty and suffering on the masses, then only can we look forward to a better pakistan. They also contribute to deaths in a different way, let;s finally wake up before it's too late for our nations

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ERo

Dec 19, 2014 04:34pm

Best wishes from India to Pakistan Army and Civilian government. It's going to be tough but it's going to be worth it. I also urge all Indians to keep supporting Pakistanis whole heartedly in their tough times.

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Zubair Nawaz

Dec 19, 2014 04:35pm

So far so good! Next immediate steps: 1) Register and monitor all Madressahs. 2) Those who resist must be closed down without delay. 3) The curriculum of the Madressahs must follow the regular national approved curriculum. 4) The teachers / Mullahs running the religious schools must be screened and their sources of funding investigated. 5) Eventually, these must be amalgamated in the mainstream schooling system. 6) Preaching hatred and violence must be made an offence and try able under Anti-Terror Laws. 7) We the common Pakistani's need to get up and get the space back from these crazy terrorists. 8) The media must not provide opportunity to these people to do press conferences or air their views. We need a total black out for the Mullahs !

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pagrri Sanbhaal

Dec 19, 2014 04:38pm

Now for the 1st time I see the sincerity in the eyes of the government to curb the menace of terrorism.Though I am voter of IK yet this decision made my day.Thanks NS for showing some guts.

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Saad

Dec 19, 2014 04:49pm

Though this is indeed a remarkable step by the government as well as the army, we must not forget to target other terrorist outfits such as the LeT and the likes who launch attacks on our eatern border. If we say we are going after all terrorists, we must also go after these guys.

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TZaman

Dec 19, 2014 04:52pm

PM Nawaz, if required, get parliament, to impose state of war and limited state of emergency for three months to deal with terrorists of all colors --- on the eastern and western front.

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Justice

Dec 19, 2014 05:14pm

It is vital that due and fair judicial / military process takes place before ANY hanging takes place. We all know that in Pakistan,criminals get away which also includes politicians and people in power and mostly poor get punished.

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Pakistani

Dec 19, 2014 05:23pm

'the government had consciously decided...' yeah, right!! Had it not been for the military, this ban would still be there.

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Saeed

Dec 19, 2014 05:30pm

Military courts for the terrorists is a good idea as there is no way the civilian courts have the will or courage to convict dangerous terrorist. The civil courts get threats, money and are too insecure to ensure a fair and speedy trial. It shall also be in fitness of things to promulgate further laws to ensure the stability and well being of the state. These are: 1. Those not believing in the two nation theory of our founding fathers shall be liable to arrest and trail for sedition. 2. The Military courts should have jurisdiction shall for trying terrorists throughout the country. 3.The arrest, trial or punishments by the Military Courts shall not be called into question by any other courts of the country. 4. Spreading hatred against or bringing to disrepute the armed forces of Pakistan shall be a punishable and non bailable offence These are extreme measures but the fact is these are extreme circumstances and such laws are warranted for a minimum period of 3 years and extendable

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turbo

Dec 19, 2014 05:30pm

hang mumtaz qadri for a start!

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Sunil

Dec 19, 2014 05:30pm

Terrorists are considered as military personnel, just because they having rankings, will be put on trial in military courts? ROFL

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Neal Kluge

Dec 19, 2014 05:42pm

Pakistam should execute the 7/11 suspects, if pakistan wants to survive as a nation under India's Modi!

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Nazir Ahmed

Dec 19, 2014 05:44pm

So then what you are doing? why not hand over your portfolio to military?

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namrah

Dec 19, 2014 05:44pm

@turbo exactly! that sob is around and being praised for his deeds

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Dec 19, 2014 05:49pm

I could not help but laugh at these spineless, shameless traitors. The army must have told them, do it or you are gonners..To be honest, my faith in our politics is now 0/100. I would much prefer to have democratic military regime, that can secure the nation, than corrupt and possibly agency installed politicians who serve the interests of other countries. For once, thank you Pak Army, love you even more. Get rid of the terrorists.

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baqar hasnain

Dec 19, 2014 05:52pm

Revenge? That's how you solve a country's problem? A tit for tat? The prehistoric tribal culture? Continue to blame India and the USA and ignore the fact that Pakistani leadership, both military and civilian, has been receiving "favors" in millions of dollars and have sold their country to foreign powers be it USA or Saudi Arabia. No wonder Pakistan is a mess. I feel sorry for the kids born in a country where people from bottom to top give and receive bribes, where administrative as well as corporate corruption is rampant, where army dictates the foreign policy, where people have handed the reigns of their society to uneducated mullas.

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An Indian

Dec 19, 2014 06:00pm

Indians are with Pakistan to wipe out all forms of terror from its soil. Terror free Pakistan will benefit the entire region.

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Bilal

Dec 19, 2014 06:00pm

To all the people ask why not use civil courts? Here is the answer; Our civil courts are filled with terrorist sympathizers. Quoting Dawn news; In the two ATCs of Rawalpindi, 205 cases were heard but there were convictions in less than ten. However, even this was a success compared to the Islamabad ATC which did not convict a single accused. In 2014, the ATC Rawalpindi acquitted Lashkar-e-Jhangvi (LeJ) chief Malik Ishaq from three cases of terrorism for want of evidence Since 2007, over 2,000 alleged terrorists, who have been accused of having been involved in high profile terrorism cases, have been freed by the Anti-Terrorism Courts (ATCs) of the country. And if the security agencies are to be believed, a large number of them have rejoined terrorist outfits. Just take 2014.

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Pali

Dec 19, 2014 06:01pm

@GKA no you are wrong civilian courts are not effective like they let Modi off the hook in Gujrat

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Salman

Dec 19, 2014 06:08pm

@sajn Terrorism comes under the Armed Forces laws "Martial" while courts are for the Laws for its citizens. Capital Punishment is also for the terrorist.

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Owais Mangal

Dec 19, 2014 06:09pm

@Neal Kluge Pakistan should bring to justice whoever was involved in 7/11 and 26/11

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Owais Mangal

Dec 19, 2014 06:12pm

Mr. defense minister, in reality, is an staunch opponent of army.

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Ikram ul Haq

Dec 19, 2014 06:16pm

@RealDeal also no need of judiciary........sent them home along with police as well, none are there to work....

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Key Points

Dec 19, 2014 06:19pm

People of Pakistan should help in eradication of terrorists, target killers and bhatta khores, People can help by reporting all suspects and maybe criminals to authorities, so they can be investigated. All people of Pakistan must have their loyalty to Pakistan first, and to their political party later. People have to decide what kind of Pakistan they want for themselves, their chidren and grandchildren. Time to save society from decaying. People need to judge politicians if they are honest & capable politicians for serving people of Pakistan, or corrupt & crook politicians getting in politics just to make maney for themselves?

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An Indian

Dec 19, 2014 06:19pm

@Pali Please stop Anti Modi propaganda for your own benefit, he strongly condemns terror attack in Peshawar. Modi was just sworn in as Gujarat chief minister when the riots started. He immediately controlled it within 3 days. Riots started when it was vacation period for soldiers and it took some time to mobile the forces. In the riots about 650 Muslims died and also about 250 Hindus died. This riot was result of burning more than 100 Hindu pilgrims in Godhra.Modi was given clean chit by India's supreme court. People voted him to power with huge mandate because common people of India knows the truth. It is high time ,your text books in school are revised to eliminate anti India venom from young minds. India does not support terrorism as state policy.Further,you need to get rid of your conspiracy theories.

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Dec 19, 2014 06:21pm

That is the way to go. That is the only way to get results. People of Pakistan want to see results this time. Action not words ....

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Real Truth

Dec 19, 2014 06:27pm

@Oz. You get high marks for a pathetic attitude replete with cynicism!

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Iqbal Bhai

Dec 19, 2014 06:29pm

@GKA : because civilians and civilian courts have badly failed us to the extent that our kids are now attacked.

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Umair

Dec 19, 2014 06:32pm

@An Indian : NM was not convicted due to lack of evidence and incidentally today Lakhvi has also been bailed out due to lack of evidence so if you want us to believe that NM didn't delay in controlling the massacre, you better believe that Lakhvi had nothing to do with Mumbai. As for your second point common man has elected NM into chair yes, but two of the biggest pushes for NM's victory has been his nationalistic-cum-extremist stance and backing by big industry player that saw him give exemptions in Gujrat as CM.

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Real Truth

Dec 19, 2014 06:32pm

@Nazir Ahmed. Any informed person would know that military courts have been used for terror related in the West as well - case in point: George Bush used military courts to try terrorists! Wake up, please!

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SAT GOEL

Dec 19, 2014 06:36pm

Try terrorists connected with 26/11 attacks in Mumbai under these military courts.

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Pak Patriot

Dec 19, 2014 06:38pm

@RealDeal These courts should have been set up ten years ago. What about the perpetrators of Navy base, PAF base, Model Colony, Islamabad Mariott hotel and many more acts. Better late than never

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Real Truth

Dec 19, 2014 06:43pm

@Pakistani nope, your cynicism aside, military has always been there, and if it's JUST due to military, why could military not get it done sooner, or during Zardari??? Now here is the reality: ONLY now Govt sees a national consensus, ie, no apologists like IK, JI, et al, and that allows Govt and the military together to take bold steps.

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VINOD

Dec 19, 2014 06:45pm

Please some one educate me is there any other democratic country in the world where MILITARY courts are dispensing judgments and functioning along side civil courts. I think this is another way to put the military on the top of civil government. it is illegal to judge civilians as per Army act or military law during peace times.

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Syed (Australia)

Dec 19, 2014 06:52pm

@sajn Judiciary has to work very hard to show the people of Pakistan their honesty. Ex Chief Justice Iftikhar Choudry has destroyed the whole judicial system. Army and its military courts are the only hope. I hope Army will fix all the civil institutions including judiciary.

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Seedoo

Dec 19, 2014 06:58pm

This is a step in a WRONG direction. Rather than strengthening the police force, giving them proper equipment, training them in collecting evidence, and beefing up intelligence through penetration of terrorist organization, our leadership has come up with this nonsensical answer to prevailing crisis which will lower the standards of the already feeble criminal justice system in the country. What they are saying is that we are going to lower the bar which mean we will throw out the notion of innocent until proven guilty, institutionalize torture, and conduct secret trials where innocent citizens may become fair game. In simple words, we will become a police state. Shame on you people. You are becoming a society that Talibans always wanted.

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Freeman

Dec 19, 2014 06:58pm

Why tot revise centuries old CPC and CRPC to speedup justice, instead of creating parallel courts. Some of the our court procedures are so stupid and outdated that a lawyer class lawyer can hang all proceeding for months. E.g., in civil cases procedure requires as least 6-8 months to just notify somebody that you are being called by a court. Plaintiff is forced to be present in all hearing just to know that due to some reason or the other defendant chose not to attend. Once plaintiff misses his hearing the defendant popups from the corner and convinces the court to close the case. Actually Plaintiff is punished and accused is protected. I don't know a lot about criminal procedure but can imagine the loop holes that provide criminals like "Lakhvi" and "Malik Ishaq" ways to continue their crimes. http://www.dawn.com/news/645189/lashkar-e-jhangvi-and-the-lack-of-evidence We need effective laws and procedures that could ensure justice, not a short term quick fix

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Asif

Dec 19, 2014 07:43pm

My Proposal to Government Of Pakistan Its time for 'School Marshal' for every school by Law 1) For 1- 50 students minimum 2 School marshal, For 100 students 4 Marshall's and for 1000 Students 20 School Marshals. 2) These school Marshal are Federal Employee (Means gone through strict screening). 3) They should be at certain young age (Not the kind we see outside Banks, old with long beards). 4) These Marshall s should not be visible to General Public, means no sitting ducks. 5) These Marshall s should be equipped with proper training and equipment. Their equipment should consist of heavy gear not the standard guns or machine guns. Lets make this into Law Now!

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Ashiq

Dec 19, 2014 07:44pm

Step toward right direction.

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itrat

Dec 19, 2014 07:52pm

I m not in favor of military courts. It's a quick fix , it will not solve the problem . it will aggravate the problem eventually. If our defence minister has admitted that our courts have failed to serve justice then I think we should need establish accountability and performance of our Honored Judges and lawyers.

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Junaid

Dec 19, 2014 07:54pm

can some one answer why was the moratorium on capital punishment was placed in the first place and who placed it?

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M.Saeed

Dec 19, 2014 08:11pm

Military courts for trials of cases relating to terrorism---that makes it a selective "Martial Law" for the terrorists. Good move. Let it be known as such for a better understanding.

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Azam

Dec 19, 2014 08:23pm

What about the Model Colony massacre...Khawaja. DO SOMETHING USEFUL OR RESIGN.

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adnan

Dec 19, 2014 08:27pm

@GKA well said. and congrats on telling it how it is

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Qamar

Dec 19, 2014 08:38pm

Wasn't the mass murder at school a significant event that would require the PM to address the nation to clearly state the steps that are being taken and will be taken to fight terrorism? Why this PM is so indifferent?

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unbelievable

Dec 19, 2014 08:39pm

Time to arrest Saeed .. send a message to the World that Pakistan is serious about eliminating all terrorism.

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Hamood

Dec 19, 2014 08:44pm

Kh Asif, you forgot to mention that its the army that pushed you into making all these decisions because your govt cannot make any decision.

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abp

Dec 19, 2014 08:46pm

My solution to Pakistan's problems… Undo all legal amendments made by ZA Bhotto and Zia.

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Kamran

Dec 19, 2014 09:09pm

@sajn: Stop being so negative. Judges and lawyers simply cannot take the cases to their conclusion due to threat calls they receive for themselves and their families. When things are that bad, its not a bad idea to put terrorism related cases in the hands of military, which will do justice for sure in these cases without any fear.

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Toordada

Dec 19, 2014 09:11pm

@Aziz your and commenters like you are correct however, under the current situation in the country, civil court is not the right option.

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Toordada

Dec 19, 2014 09:14pm

@TZaman good suggestion.

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Last Word

Dec 19, 2014 09:38pm

Pakistan is taking the right step to try terrorism related cases in military corts

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E Star

Dec 19, 2014 09:40pm

and for politicians that thought themselves above the law? will there be a court for them too?

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MMM

Dec 19, 2014 09:57pm

Need to be very careful here. Terrorism needs to be eliminated with caution and surgical instruments should be used instead of sledge hammers. Learn from the mistakes of United States and Israel. They are still creating "terrorists" faster than they can kill.

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Janu Not-German

Dec 19, 2014 10:57pm

Why military courts why not special courts?

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Sonny Afridi

Dec 20, 2014 12:24am

@Daanish Says who? I trust anything military more than i trust civilian.

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Azam

Dec 20, 2014 12:35am

Whay does'nt Nawaz come on national TV and tell the people how he wants to deal with terrorism and that what happened in Peshawar will never happen again. Where is this PM? If he cannot handle this then RESIGN. All they come up with is meetings,committee and more committees.

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Dec 20, 2014 12:54am

@Real Truth Dont criticise me, bring forward a better solution. And while youdonthat, just remember, there are men fighting taliban somewhere in Pakistan right now, so YOU can live free.

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Erik

Dec 20, 2014 03:18am

@GKA Button up. Will you stand witness against these barbarians in civil courts?

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Meximilan

Dec 20, 2014 09:41am

After too long, they came to their senses. Civilian courts cannot punish terrorists over philosophical and evidence matters; terrorists dont leave no evidence behind. All militants and terrorists should be tried Military Courts (just like Americans), they can deliver justice much faster than civilians. Americans tried and convicted KSM in military courts cos they knew he would walk free if he went to US civil courts. Terrorists are militants and they are ruthless, they should be dealt with the same ruthlessness. Civil courts gives more relieve and more time to live to terrorsits; thus problems for victims family. Military courts, after a week you see justice. Pakistan should have come to its sense earlier and should have constituted military courts earlier. I hope Sajn got his answers that he is looking for.

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