A sad day
194
IN the end, our political leadership proved unable to defend the constitutional and democratic roots of the system or resist the generals’ demands.
Pakistan is to have military courts once again. To establish them the politicians have agreed to distort the principle of separation of powers, smash the edifice of rights upon which the Constitution is built and essentially give up on fixing decrepit state institutions.
Know more: MPC ends with national consensus on NAP
Yes, we need a coherent strategy to fight militancy and political and military leaders to work together. But military courts are not the answer.
First, let there be no doubt why the country must now prepare to live under the shadow of military courts: the military leadership wanted these courts.
Yesterday, the ISPR quoted army chief Gen Raheel Sharif as having told the multiparty conference in Islamabad that military courts “are not the desire of the army but need of extraordinary times”.
A day earlier, the ISPR quoted him as having told a corps commanders’ meeting that “bold, meaningful decisions” were needed to ensure “stern action vs terrorists, their sympathisers” and warned that the “much wider political consensus” should not be “lost to smaller issues”.
It is a sad time for democracy when an army chief so openly directs the political process.
Second, while it is parliament’s right to amend the Constitution and the idea of a basic structure to the latter was only given a fresh lease of life because of the tussle between parliament and the Iftikhar Chaudhry-led Supreme Court over the judicial appointment process, one hopes that in a democratic system parliament will not undermine civilian-run institutions, least of all to hand yet more power to an institution that has overthrown the Constitution several times in the past.
Also read: Military courts: How the reluctant were brought around
Consider that where previous constitutional amendments during civilian dispensations were designed to clear the mess left behind by military dictators, this time it is the civilians who will be muddying the document to empower the army further. The 21st constitutional amendment will stand as a monument to the betrayal of the civilian, democratic cause.
Third, nothing — nothing — has prevented the government or parliament from urgently strengthening the existing legal system and judicial process other than the government and parliament itself.
Had the same time and effort spent on winning consensus for military courts gone into urgent reforms and administrative steps to fix the criminal justice structure, the existing system could have been brought into some semblance of shape to deal with terrorism.
Sadly, the political leadership has abdicated its democratic responsibilities. Surrender perhaps comes easily.
Published in Dawn, January 3rd, 2015
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Comments (194) Closed
Jan 03, 2015 06:49am
Democracy is secondary to the survival of the country. The Judiciary has failed abysmally in bringing the terrorists and their supporters to a timely justice. This is not the time to worry about high minded and lofty ideals but to devise a practical approach to smashing terrorism. Even countries like the USA and UK with centuries old traditions of democracy didn't flinch from enacting legislation which infringed upon the basic rights of innocent citizen in view of the severity of the threat. Pakistan cannot and shouldn't be held to a higher standard.
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Jan 03, 2015 07:00am
Your noble stand on democracy and parliament is praiseworthy. Your stance on civil rights and independence of judiciary is commendable. The role of military in democratic government, to say the least, is incomprehensible. But let’s look at last 7 years of phenomenal democracy and the role of parliament. To make a person PM of the country for 3rd time, it took only hours to pass the bill unanimously and judiciary did not flinch. During the same time, hundreds of terrorists attacks were carried out and thousands of people got killed, no action from session court to anti terrorists court to supreme court against the people brought to justice. Billions of rupees were siphoned out during the period of great democracy of 7 years, no NAB, no FIA or suo moto action against them. What democracy you want to protect from military courts or speedy courts? What alternate options did the democratic parliamentarians talked about in 3 APC’s - two with COAS sitting there? Blame the army as much as you can, they are bad, they are conniving and maneuver things but what about 7 years of democracy and what actions they took to improve police, judiciary, economy, and education? Did army stopped them from this? Blame the politicians first, then judiciary and then army. You have the sequence wrong in your last two editorials.
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Jan 03, 2015 07:25am
No doubt a sad day. Those who are rejoicing the renewed role of army in what is clearly a civilian matter, will repent it at later day. Remember the impacts of Zia's mindless actions are being felt today. It seems that democratic process is doomed in Pakistan forever because leaders of so called political parties have surrendered the rights of democratic society to armed forces. It is nature of armed forces that they seek solutions with the use of arms and thus destroy everything in that process. History is full of such accidents.
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Jan 03, 2015 07:34am
Pakistan is in dire need of a STATESMAN and or a VISIONARY to achieve its original Aims and Objectives. It all started with Ghulam Mohammad; the Governor General of Fifties (1950) and is in continuation till date. Amongst the present lot there is none to lead the nation. Barring Nature's will (Allah the Al-Mighty), the future has nothing hopeful to offer. The year 2019 might turn out to be of great importance for Pakistan. So, cross your fingers to wait and watch.
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Jan 03, 2015 07:39am
The ceding of judicial control to the military is a terrible development. I agree with the editors of Dawn.
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Jan 03, 2015 07:44am
Military courts and democracy are antithetical. Military courts, however expedient, weaken democracy. Pakistan is taking another wrong turn. Sad, as Dawn correctly termed it, but also unfortunate for the people of Pakistan. They deserved better.
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Jan 03, 2015 08:12am
because we are in middle of destruction. we need words from CAOS who is leading from the front.
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Jan 03, 2015 08:17am
I remember the celebrations that took place in Pakistan when Gen. Musharraf seized power.
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Jan 03, 2015 08:23am
The Judicial system s corrupt. Raheel Sharif is just being realistic. Military courts is the need of the hour.
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Jan 03, 2015 08:27am
It is the need of th time! Extraordinary circumstances have befallen on Pakistan and courts have failed to deliver justice.
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Jan 03, 2015 08:37am
The situation would be less uncomfortable if Pakistan gave up pretending it was, in any sense, a democracy.
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Jan 03, 2015 08:49am
Expecting anything different from a Zia protégé is naïve. He's done what comes natural to him: concentrate all power in himself. Trouble is, there are other contenders for the same role who once allowed through the back door, wouldn't like to share it. He's been bitten once before. It seems that he is trying to tame a wild beast into his pet once more.
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Jan 03, 2015 08:51am
As an Indian I find all this handwringing pretty bizarre. Your house is on fire and you are worried about water damage.
The problem with your civilian "leadership" is that they are two bit crooks. Generally in India you find them only at the state level but in Pakistan somehow they have made it big.
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Jan 03, 2015 08:52am
Being a multifaceted task, strengthening the existing judicial system though imperative, would need a lot more time, planning, and resources. The political leadership and the judiciary should kick start the judicial reformation process without wasting a single day. In the mean time, heavens won't fall if the military courts are established. Pakistani nation expect these courts to produce the desired results by meting out timely justice to hardcore terrorists. Hence we should better tone down our objection to these courts because extraordinary circumstances demand extraordinary steps.
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Jan 03, 2015 08:54am
Pakistan will have direct or quasi military rule for a long time to come. Many see this as a solution to corruption not realising that power corrupts and military is not immune to this disease as well.
Historically most military rules have been very venal and have caused huge economic and political damage to the country. Zia was a general after all and he would have ruled forever but for the crash. Lets see how this one plays out. My best wishes to all good souls in Pakistan.
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Jan 03, 2015 08:56am
@Nadir. We oppose military courts because justice should be dispensed through a legal process. Military courts are akin to a corporate disciplinary system which will now try civilians.
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Jan 03, 2015 09:00am
What do you expect when you have completely incompetent self-serving politicians who have no idea how to deal with a myriad of problems the country faces. Politicians of all hues in Pakistan are only capable of looting the exchequer to fund their luxurious lifestyle overseas with multi-million dollar mansions. They have no connection with the realities of daily life where the common man struggles for the basic utilities such as clean drinking water, reliable gas & electricity and schooling for millions of kids who are in menial labour rather than studying.
More than 50,000 people have lost their lives in Pakistan over the last 13 odd years, yet seven years of "democracy" has not brought about any peaceful solution to the terrorism menace.
I say let Gen. Raheel deal with these lunatics and we'll apologize later for any wrongs being done (look at why the steps the US took to safeguard its citizens post 9/11, why can't we do the same or at the Pakistani lives so cheap??)
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Jan 03, 2015 09:10am
Excellent !!
Perhaps the last voice of reason, well said. I wish SC will declare theses constitutional amendments illegal on the grounds of abuse of fundamental rights. I wish Bar councils stand against these laws in making.
Our politicians has betrayed our constitution. Our army has betrayed People of Pakistan in their lust for killing their own for dollars. They have proved themselves mafias, MQM.
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Jan 03, 2015 09:12am
While l agree in theory that military courts are a parallel system, truth remains that none of the judges in the ATC are able to prosecute the actual terrorists without fear of reprisal. Hence Lakhvi has been let go three times in one week with the judge on paper quoting he is fearing for his life after the Islamabad attacks. The seven day process will expedite the terrorism convictions meaning that the actual fighters of terror i.e. the police officer see a result to their sacrifices while performing their duties. This also keeps a lid on the extra judicial killings of hard core militants by cops who do not want to take the law into their own hands. Such is the fearsome reputation of Taliban in Karachi that cops have refused to conduct operations unless they are provided with certainty by their higher ups that the terrorist will rot in jaila andnot come after their families after being let go by a judge for lack of evidence the witnesses have interestingly been missing from the courts at the time of conviction. Can u really blame them when the trial grinds on for 20 years and they are threatened by militant groups on a daily basis.
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Jan 03, 2015 09:22am
I don't agree with your logic - Army must speak on this issue along with civil leadership as these terror groups challenge existence of state itself. Civil leadership must support to eliminate this terror menace and lead the process.
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Jan 03, 2015 09:22am
army has no choice ,they must act quickly, Pakistan cannot afford more delays . what choices Pakistan has to handle this . 1 judiciary did not deliver 2 politicians has no clue ,police has failed to pan out anything positive. corruption is increasing day by day. only realistic option is army court .people who against army court ,not providing any alternative ,they just talk
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Jan 03, 2015 09:22am
Some people are really really heart-broken and that is amusing
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Jan 03, 2015 09:23am
it is hard to punch holes in the article as the Author has blamed failures of successive civil governments in Pakistan to create what in effect will be a civil military partnership. It is something the democrats despise as it has come at a cost but perhaps it will act as a check and balance an essential ingredient to good governance so much lacking within civil leaderships. The familiy owned political parties essentially are wealthy with bulging assets spread over the globe and perhaps after failure of Zardari to deliver, Nawaz with empty promise should have concentrated on governing issues, strengthening court and prosecution service and more importantly empower the police service so accusation of partisan politics is removed. Nawaz has two years effectively to introduce those reforms and will have support of Imran Khan to rebuild Pakistan to a real democracy both within Pakistan and within their respective parties as without such a mandate, the two year period may be indefinite. Nawaz should take immediate remedial steps in removing the four who almost caused his downfall to appoint those from across political divide with right ingredients to provide strong leadership dedicated to the cause without a conflict of interest so often witnessed in political dynasties. If Nawaz did carry out essential reforms he may be forgiven for some of his misdemeanours.
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Jan 03, 2015 09:31am
Salute to the editorial staff for making these important points.
Sadly, Pakistani nation, more importantly the Army, does not realize that we need to stop experimenting old wine in the new bottle. We have wasted over 65 years playing this game. Unfortunately, elites (Army, politicians and civil servants) have most of their wealth/Kids overseas. They don't care what happens to the poor people of Pakistan.
Frankly, unfortunately, I have come to the conclusion that my parent may not have made the right choice migrating to west Pakistan. Paki Leaders/Establishment (ARMY) has done everything possible to prove Abul Kalam Azad correct in his predictions about the future of Pakistan.
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Jan 03, 2015 09:33am
@ImranShah how is that amusing?
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Jan 03, 2015 09:35am
I remember when there were bomb blasts, people used to say where is Army. Now that Army has stepped in, we are complaining why?
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Jan 03, 2015 09:41am
We need justice and eradication of terrorism; whatever courts doesn't matter. Don't want to suffer due to legalities anymore.
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Jan 03, 2015 09:42am
It sure is a sad day for our civil court system. I hope it learns a thing or two from the military courts.
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Jan 03, 2015 09:49am
@Someone I mean the ones who were crying foul against military courts and were campaigning against the restoration of death penalty, you know the type i am talking about, they are really sad today and that amuses me!
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Jan 03, 2015 10:02am
Will the military courts try Hafeez Sayees, Lakhvi and Salahuddin who apart from being accused with proof also have admitted to killings in India as a freedom fight? The military will end up killing its opponents and nothing else. Pakistan started the Taliban movement by a military dictator Zia Ul Haq and has had military courts in the past but nothing controlled terrorism but on the contrary helped it to spread.
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Jan 03, 2015 10:08am
@Rahul - Well, Musharraf was better than these so called democratic governments from the past.
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Jan 03, 2015 10:11am
"Because Pakistan is not a Democracy. Its a Military dictatorship". This is what every west commentator has said and we have always proved them right.
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Jan 03, 2015 10:13am
Here,i would just like to add something to your views.Feeling insecure about the Army coming into power is one thing and saving the very existence of the country is the other.We all know that military courts can and will never be an everlasting solution but how can you improve a judicial system that couldn't be improved over last 75 years.For that Mr.editor sit back and brace yourself to watch many carnages coming our way further by the same ruthless fanatics who want to kill every other person contradicting their school of thought.
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Jan 03, 2015 10:13am
Military courts will be a deterrent to the sympathizers of terrorists. Because the suicide bomber doesn't care about the consequences while the master-mind and sympathizer do. If we cannot root out the support system of terrorism, then other means of stopping it are insufficient come what may. If you install CCTV cameras at each intersection, put on jammers on all vehicles and provide bomb proof cars to the dignitaries, still terrorist will try and come up with new methods. It is like a soccer game, a goal-keeper stops ten tries but fails to stop the only one, and it becomes the headlines the next day. Being a staunch critic of khaki in politics, I would prefer a surgical move at this moment. Let them try mil courts, hopefully it will bear fruits.
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Jan 03, 2015 10:14am
Military courts will be a deterrent to the sympathizers of terrorists. Because the suicide bomber doesn't care about the consequences while the master-mind and sympathizer do. If we cannot root out the support system of terrorism, then other means of stopping it are insufficient come what may. If you install CCTV cameras at each intersection, put on jammers on all vehicles and provide bomb proof cars to the dignitaries, still terrorist will try and come up with new methods. It is like a soccer game, a goal-keeper stops ten tries but fails to stop the only one, and it becomes the headlines the next day. Being a staunch critic of khaki in politics, I would prefer a surgical move at this moment. Let them try mil courts, hopefully it will bear fruits.
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Jan 03, 2015 10:15am
Things go wrong when army gets involved in political process. Its not the job of military, only suppose to protect the nation.
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Jan 03, 2015 10:16am
It is murder of democracy.It is like throwing the tub with child.The day will come when these politicians will be tried in military courts.The alternative is to give full security to the lawyers & judges and their family members of some designated courts where these hardcore terrorist can be tried.
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Jan 03, 2015 10:17am
Yes, it is true that this is a sad time for democracy, but there in Pakistan our politician are so inefficient and ignorant about important national issues that our military establishment has no other option but to jump in every affair and show them a direction. We think that it is no fault of military establishment to take in its hand the important matter of breaking the terrorist back bone, as our politician are only enjoying their perks and privileges and are busy in a loot and plunder of national exchequer in the name of democracy and the politician of this country are responsible to like and establish a sham democracy in this country for nefarious design of loot and plunder.
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Jan 03, 2015 10:17am
The judiciary is just a small part of the whole criminal justice system. It is the policing and the investigation side of the issue that needs major overhaul. Unfortunately, the politicisation of the law enforcement machinery by successive governments has left them totally incapable of doing their jobs. Complete overhaul and capacity building of the law enforcement agencies is the only answer.
To say that "had the same time and effort spent on winning consensus for military courts gone into urgent reforms and administrative steps to fix the criminal justice structure, the existing system could have been brought into some semblance of shape to deal with terrorism" is oversimplying the issue and an impractical suggestion.
Granted that democracy is better than the military calling the shots, but our civilians have always let the nation down.
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Jan 03, 2015 10:20am
Rules are for us , we are not for the rules. The rules that can't be changed even at the cost of threat to our existence. This is not the time to profess to be idealistic, we must rather be realistic to know that the existing legal system is flawed and needs a considerable time to put it back on the track, let's try the military legal system for two years and meanwhile develop the civilian legal system that we all idealize.
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Jan 03, 2015 10:21am
The military is stepping in because the civilian political elite have proven themselves to be grossly incompetent in stamping out terrorisms (case in point, Mulla Abdul Aziz aka Mulla Burqa). Power to the army! I hope they bring these terrorists to swift justice.
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Jan 03, 2015 10:21am
Coming Attraction: President Raheel Sharif's government...
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Jan 03, 2015 10:23am
Come on, Guys. They ALL just agreed to accept reality. Military is the real BOSS in Pakistan.
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Jan 03, 2015 10:25am
I am all for democracy. But Seriously? Our democratic process, including the ruling party and the opposition failed to come together to deal with terrorism. Someone had to come forward with the backbone. Unfortunately the N-League was doing nothing but advocating so called dialogues with the "Good Taliban" that happens to be an oxymoron. I am glad hat military took this bold move to start the elimination process.
While we are at it. How about another suggestion.
There should be a live "Meet The Nation" segment broadcasted on all TV Channels. It should be mandatory for all parties , elected members ,as well as religious scholars. Every one should be asked the following questions:
(1) Is Taliban a terrorist organization ?
(2) Do you condemn the Peshawar massacre as well as any form of terrorism?
If they answer "No" to either question, either sentence them or exile them.
For how long do we have to put up with this so called "soft stance" and walk on egg shells.
I want my Pakistan back .
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Jan 03, 2015 10:26am
@Sunil - That is exactly what it is trying to do.
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Jan 03, 2015 10:31am
It is our fate.!! First army was playing the role of a ''Police man'' (Rangers in Karachi). Now they have to be the ''Judges'' because of corrupt, slow and incapable judicial system. Army is the saviour of last resort, before we destroy ourselves.
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Jan 03, 2015 10:32am
forget democracy - to be very honest we didn't get anything from democracy or dictatorship. its a matter of correct and honest leadership and whenever we have this so we will not talk about democracy or dictatorship.
however i am not hopeful with our leadership but when you look at people like Aitizaz Hasan so you cant ignore the chance of betterment.
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Jan 03, 2015 10:33am
@Calcutta Man I agree and am hopeful that under the military rule Indo.pak relations may progress towards the better
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Jan 03, 2015 10:34am
Indeed a sad day for democracy in Pakistan. However the blame lies squarely on all political parties and specially on Nwasz Sharif for inaction and on Imran Khan for weakening the democratic government.
Generals agin are the winner in this power game.
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Jan 03, 2015 10:35am
People across the world always follow the powerful and the influential and Pakistan can be no exception. In the Pakistan's history except during very brief periods the military ruled the nation and its power and influence kept increasing. Now it is the most powerful institution overshadowing all other national institutions. Once the power is in the hands of military, it will keep the issues boiling so that its importance is always maintained and the national government and leadership become dependents. It will not bring total peace but will bring to manageable level and retain it at that level so that its relevance remains. Like any other political parties, military too is an extreme form of institutional political party which remains in power always in Pakistan. This is one of the many consequences ...
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Jan 03, 2015 10:53am
Let us be realistic, not idealistic. Both political and military leadership got together against terrorism, which makes 2 January a good day for Pakistan. When Pakistan is burning we cannot cherish idealism.
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Jan 03, 2015 10:56am
Pakistan will never become a peaceful progressive nation with military interference. The elected government has no power.
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Jan 03, 2015 11:00am
Democracy is "of the people for the people and by the people". Our current National Assembly has nothing of that sort. The assembly comprises of people who care for no one but themselves. Shame on them, for plunging the country in this mess. No matter what Army does, it has a system. It is the only institution in the country because of which this country is still running.
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Jan 03, 2015 11:02am
We need to have clarity to see that the democratic dispensation in Pakistan is a farce and cosmetic arrangement arrived at to ensure that the tap of Aid and financial handouts from the World are not curtailed. Pakistan has been a Military Dictatorship in all but name and has been so since Independence. Any challenge to Military authority has been quashed with a heavy hand. While all including Politicians have gone to jail for even minor indiscretions, no Military Officer has ever been brought to justice, such Angels they are.
Secondly, Security and Foreign Policy have been usurped by the Military and the root of the problems, but how can the Military ever be held accountable -- for 1971. for unconstitutional disappearances or even criminal acts. The Media of course has been subjugated through inducements or coercion and is solely responsible for demonizing Democracy and painting the Military as saviors. They will learn their lessons in due course, after they have been suitably punished for their follies. The setting up of Military Courts is merely a side show, let us see whether the Judiciary has the spine to call this development unconstitutional and illegal. Cosmetic announcements and shenanigans cannot usher in the change in mindset the country badly needs.
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Jan 03, 2015 11:05am
@Sunil The Army merely made a request. The politicians went along with the request because the request is so patently reasonable under the circumstances, and public opinion will never forgive the politicians if they fail to deliver justice in the wake of the Peshawar attack. What is actually running the show here is public opinion, which is behind the Army on this point.
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Jan 03, 2015 11:10am
I fully agree with this editorial.. we can't have peace if army keeps meddling in political matters
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Jan 03, 2015 11:13am
We can not rely on the people, who have sold Pakistan for their self-interest in the past. We are in danger situation and decision should be taken by those, who are practically involve in this situation.
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Jan 03, 2015 11:28am
It may be a sad day, the politicians should bear the brunt of blame in not paying heed to good governance an essential ingredient of Western style democracy that people come first before personal interests in all matters of governance. It will create check and balance so essential to give Government leverage to introduce promised reforms to make Pakistan a progressive society whilst it is being constantly dragged into the darkerages of yesteryears, viewed objectively it may be the essential catalyst to change.
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Jan 03, 2015 11:28am
@Iqbal Bhai
Most of the people are NOT complaining --- they are expecting army to take charge.
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Jan 03, 2015 11:32am
You call it democracy, very shameful !
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Jan 03, 2015 11:36am
@Bilal
You think innocent people / kids / being killed ruthlessly is a political matter ? Really ?
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Jan 03, 2015 11:37am
In reality what option you have when no politician is sincere to the country
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Jan 03, 2015 11:38am
@Moin Khan
Elected government has no power because they know they don't have the people's support -- and army knows it.
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Jan 03, 2015 11:40am
This would happen if we have a business man running our country.
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Jan 03, 2015 11:50am
Military courts suit Pakistan. Judiciary hasn't got enough teeth to convict people like Lakhvi & Hafeez Saeed. They're dead scared to give unbiased verdicts.
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Jan 03, 2015 11:50am
@I. Ahmed Your post is spot on. So far I haven't seen any reasonable response on this
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Jan 03, 2015 11:54am
"Sadly, the political leadership has abdicated its democratic responsibilities. Surrender perhaps comes easily."
The above says it all.
The political elites are just busy in filling their own coiffures from the Treasury. Politicians of PML N, PPP, Maulana Diesel, JUI F, JI, and PML Q are all included in seeking benefits for themselves and are least concerned by what needs to be done for Pakistan, What a stable Pakistan needs? How do one fix education systems, Health Systems, and economy of Pakistan. Apparently each and every one of the so called elected representatives feel that by becoming rich through illicit means they are serving Pakistan.
Security situation, Sectarianism, Targeted Killings and other law and order situation prompted this extra ordinary step of amending the constitution to form Military courts.
If the Judiciary would be doing its job, there would be no need for these courts. It is also possible that the Judiciary is doing its job but the Prosecutor and the Law enforcement agencies are not doing their job properly and that may be because of the controls of the Chief Ministers of various provinces; and the lack of devolution of power to the local levels.
One of the things that the Military/Civilian task force should have pushed for reforms to empower the people by putting local control of police via the local bodies elections that have yet to take place as you talk about Democracy but do not follow through to the local level. You want to control every item of strength from a Chief Secretary level.
law and Order is a provincial matter - granted- but in order for it to work, you have to give the control to the people in the districts. Local Bodies..
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Jan 03, 2015 11:55am
In order to have a true democracy, one must have courageous principled democratic leaders, a citizenry that understands how separation of powers strengthen a country, and an army that subjects itself to accountability. Pakistan, yet again, proves that it has none of those.
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Jan 03, 2015 11:56am
@Prof Abdul Malik Military courts are a coup d'état by back door for which Pak army is an expert.
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Jan 03, 2015 11:59am
At least Military will not shower the killers with rose petals.
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Jan 03, 2015 12:06pm
Why is it "a sad time for democracy when an army chief so openly directs the political process." When in Pakistan has democracy or parliament or politicians or government been superior to the Army and when has the Army not directed more than just the foreign policy and defense establishment of Pakistan?
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Jan 03, 2015 12:10pm
I am not a lawyer as most of the Pakistanis are not, but I know that security is my need and right. What ever way it comes. Be it a military action or political and madarsa reforms. I also love democracy, but to save democracy we need safety
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Jan 03, 2015 12:20pm
now at last what pakistan need and what remain is a "government" which will be known as " council of Army staff"
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Jan 03, 2015 12:23pm
Two things. One- they are not competent to bring the much talked about reforms in the legal system. Two- even if these reforms are brought about and sincere efforts are made at the top (which is debatable at best) even then for a quick fix we would need speedy trials. In my opinion even with these trial courts it will take years before we begin to see a significant improvement.
Why do we need a quick fix ? That is because the existence of the state has been challenged to an extent that we cannot go about waiting for the due process of law which has not taken its course in the last 6 decades or so.
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Jan 03, 2015 12:25pm
If the military leadership is so keen on stamping out terrorism by putting the terror suspects on trail in the proposed military courts, why did it dither over launching the military operation against the militants in North Waziristan.
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Jan 03, 2015 12:29pm
When civilian system fails & corrupt & incompetent political leadership is sleeping in face of increasing terrorism threat. Someone has do something to save the country.
Editor must spend one day at district courts to learn why military courts are needed.
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Jan 03, 2015 12:33pm
@I. Ahmed : Military is just like another fiefdom who has already tested power. So another bright opportunity for them. In a democracy , it is the Civilian/political government who should have power , elected by common mass.
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Jan 03, 2015 12:34pm
we have to decide either we are at war or not. If it is our war then we have to fight it and it has to be done as per the ground realities. Fighting a war with an enemy who has no face, no values and at our end we have porous borders with drug cartels, presence of international players (in the area), hostile neighbors, week institutions and new born democracy.
So lets be realistic, these are gangs of criminals who have developed international links, with unlimited supply of funds and propaganda machinery. This is not normal and our current system does not have this capacity to deal with this enormous challenge and if try to build the capacity time will over for us.
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Jan 03, 2015 12:34pm
@Nadir ----- they say you shall reap as you sow--- we have a constitution with three branches made by our POLITICAL LEADERS -- Government, Army and Judicial ---- and that is Parliamentary form, We are allies of US and see how they work under their constitution --- Executive, Legislative and Judicial --- and just on his visit which was long to US the COAS should have observed that he was invited also to visit """ The Department of Defense or DOD) which is an executive branch department of the federal government of the United States charged with coordinating and supervising all agencies and functions of the government concerned directly with national security and the United States Armed Forces. """ The US ARMY is under the executive branch and that makes the US GOVERNMENT THE MOST SAFEST of all the government in the world for the last 239 years.
We are like the Urdu saying adha teetar adha bateeer --- we have constitution like UK and we want to work like USA --- we are reaping what our leaders sowed since 1950 after Liaquat Ali Khan assassination and the break up in 1971 and in the aftermath of a furious leader the constitution was sowed in 1973 and see what we have --- three branches of the government and they act uncoordinated --- so they sowed and we are reaping --- a lot of SAD DAYS instead of HAPPY DAYS.
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Jan 03, 2015 12:36pm
A sad day for terrorists only...
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Jan 03, 2015 12:39pm
Its a happy occasion, whats sad about it.
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Jan 03, 2015 12:42pm
@Ahmad -- atleast the COAS is FACE FRONT with the PRiME MINISTER -- what front does Ahmed means?? I do not see any one among the parliamentarians UP FRONT with COAS -- the photo they say is thousand words see ASIF ZARDARI posture?
AT the Forefront is the PEACE for all of us as a Pakistani Nation --- but looks some elements are as we say in URDU FRONT HOGAAAY HAIN --- meaning off or disinterested in any UNIFORM FRONT --- the parliamentarians should learn about how to be UNIFORMED like the COAS --- in his uniform. Also in Urdu we have a saying Banay ko bigarna bahut assaaan lekin Bigraay ko Banana ( not the kela--- but " to make" is very difficult. and for this there is another saying ab tum batlaaooo kay hum batlaaain kya.
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Jan 03, 2015 12:42pm
This is 'separation of power' - defense: military/ army, looting the wealth of the nation: political leadership. In the end the 'common citizen' pays, whole the others walk free and pockets lots of wealth.
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Jan 03, 2015 12:50pm
Civil Judicial System in Pakistan could not perform to its optimum for only reason that it is - superior courts judges- is made for the lawyers & by the lawyers - it lacks transparency and trust when lawyers as judges in the superior courts are elevated. The civil judicial system in Pakistan stood hijacked by the lawyers particularly after the restoration of superior court judges through the lawyers' movement. The lawyers as important stake holder of the civil judicial system instead of promoting its cause became its destroyers. From 2007 to date, the behavior of lawyers towards the judicial system and the other organ of the state of Pakistan is a witness to the despair in which the present judicial system is engulfed. Strikes on petty cause to the chagrin of the poor litigants and the judges particularly in the district courts has virtually brought the system to the stand still. In this alarming situation in which Pakistan is presently stocked, one is inclined to favor the establishment of Military Courts in Pakistan. The lawyers have to come up to the expectation of people and the courts to create trust in the minds of people about viability of the civil judicial system.
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Jan 03, 2015 12:52pm
@Lost Lakha not only wait and watch PLEASE PRAY ALSO -- PRAYERS CHANGE THE FATE AND TAQDEER they say universally
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Jan 03, 2015 12:53pm
@I. Ahmed Very good analysis of prevailing circumstances. One would agree that civilian courts could not deliver desired results, and need for military court was agreed upon by all political parties. Thus it can be said, that army has come to rescue the system, with speedy trials, for a specified two year term. Hopefully, civilian courts would pick up the pace & clear up many lingering cases. Comments on democracy, the way it is practiced, and works for only politicians and rich elites is no secret. Many well known crooks have used the system to become filthy rich and keep ripping off pakistani citizens. It would be nice if such crooks are charged, convicted and made to pay back ill gotten wealth. But there is an honour system among crooks too, that is to cover each other, to protect themselves. A very sad reality indeed.
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Jan 03, 2015 01:15pm
Bravo, Dawn , for standing on principle. And for openly opposing military dictation in such cases.
I never understood Pakistan's fascination with military. Of course military is very important keeping the country secure , however political leadership should be the "CEO" of the country calling all shots with advice from all depts including military.
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Jan 03, 2015 01:15pm
Military courts are the only answer. Civil courts have failed.
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Jan 03, 2015 01:27pm
If the politician had an alternate plan than we had a right to criticise Military leadership. When the politicians are interested in business and common citizens are the one who are facing the brunt of terrorism than this was bound to happen. So this country needs peace and if the present judicial system has failed to deliver and punish the criminals than what other option was left.
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Jan 03, 2015 01:29pm
Sadly our judiciary has been playing games in last few years ,selactive justice or no justice !They have become irrelevant in present circumstances .now if they try to strike down amendments they will be in bigger trouble .
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Jan 03, 2015 01:30pm
Your Newspaper had been advocating Army to take "Decisive Acions against Terrorists without making difference of Good & Bad Taliban". Once Army is about to take actions , you have started sheltering behind constitutional delicacies. I wonder Dawn is supporting Army in its fight or otherwise. Dissapointng to read your angle on a delicate issue.
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Jan 03, 2015 01:33pm
@Nadir "Judicial System is corrupt" - How long we are going to keep playing this broken record?
When press asked Indian Army chief about taking action against the Moast separatists, the General said it is
non of our business and it is the civilian governments job to resolve the matter.
When Pakistan is going to show maturity like this?
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Jan 03, 2015 01:36pm
@I. Ahmed : Excellent!
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Jan 03, 2015 01:42pm
Pakistan needs action and not democracy. A system of corrupt for the corrupt called constitution is no solution for our ills. If the army is trying to take a lead and do something, we can only pray that they succeed.
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Jan 03, 2015 01:49pm
@I.Ahmed. That's what the editorial states, i.e. a genuine need for reforms. Having a parallel system just means that no one trusts the country's judicial system. When the army bomb FATA and kill "suspected militants", do they need any approval from courts? Has any court impeded in any of its military operations against militant? Fazlullalh did not escape with the help of courts or India or Israel. In the name of military courts that are also constitutional, the worst is yet to come.
Just wondering if no one in this country trusts our judicial system, then why don't they ask for reforms? Where would a poor man go?
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Jan 03, 2015 01:56pm
@SAMARESH DATTA You are right, but the problem is the Politicians and Judiciary are incompetent, corrupt and cowards. You only have to see the on-going farce of the Lakvi case to see a living example of this. It will take generations to sort out the mess in these institutions so for now we need another short term solution to save our country which comes first.
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Jan 03, 2015 01:57pm
@kanakasabhai it would only be convicting whom they want...the justice system will be in shreds..even political party leaders can be tried without any provision of fighting the case..
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Jan 03, 2015 01:57pm
Throwing baby with the bath water? At least have a sunset clause when you pass something as far reaching as this. It is depressing to read the democratically elected leader of the country suggesting that he may end up in front of this "forum" one day. Democracy in Pakistan seems doomed.
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Jan 03, 2015 01:57pm
@Ravi Dallas TX It's because Politicians are incompetent and there is widespread corruption in the courts. If you want to understand further, visit Pakistan and see for yourself the corruption in action, starting at the airports!
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Jan 03, 2015 02:01pm
@comment Indian Judicial system is far better than Pakistan's. No one has confidence in the Pakistani Judicial System because for the last 50 years it has not delivered. Can you not see the on-going farce with the Lakvi case? Or the Musharraf trial or the recent Jatoi case. All of these are prime examples of the Judiciary at it's best - and this is failing to give justice.
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Jan 03, 2015 02:10pm
We as a nation, both fear and admire our armed services. We admire our armed services because they bring what looks like order. The chaos goes underground because of fear. We admire our armed forces because anything to replace our inept and corrupt civil government appears as goodness. We fear them as they bring in draconian rules and put their own cadres into administration when patently they have no experience in this area or relating to civil society's aspirations. If we had mostly upright people from the rank and file of our society representing every hue of the population, including our minorities, who can, on equal footing, ably represent their electorates instead of our land and business owning elites and their relatives who are self serving then the nation would not need the armed forces personnel interfering in politics. And we need an honest self made level headed leader. Perhaps like the one across the border but without the allegations of misconduct with minorities.
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Jan 03, 2015 02:12pm
Lets be realistic, what has the so called democracy of the last 7 years given to the nation? You cannot elect an honest, dedicated and educated leader in this country. The last election is before everyone. Thieves, incompetent crooks have come to power through rigged elections and the results are before you. All institutions have been ruined and the system has completely collapsed. At this critical juncture, army's intervention and establishing military courts in the only alternative to get speedy justice against terrorists. We should also put in all our efforts and make special prayers to get rid of the corrupt family political mafia that has always been in power for their own personal gains. Unless they are taken out of the political system, there is no future for Pakistan.
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Jan 03, 2015 02:13pm
@I. Ahmed I fully agree with you.
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Jan 03, 2015 02:18pm
The country is more supreme then a piece of paper and fake democracy. In Pakistan the democracy is only for politicians to have a free hand and loot the country with both hands under the disguise of democracy.
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Jan 03, 2015 02:32pm
If every thing will done by ARMY , what is the need of Judiciary and Parliament ?
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Jan 03, 2015 02:32pm
"Had the same time and effort spent on winning consensus for military courts gone into urgent reforms and administrative steps to fix the criminal justice structure, the existing system could have been brought into some semblance of shape to deal with terrorism."
Unfortunately your wise suggestions only make it to the columns when army gets a certain bill passed to carry out sentences. I wish you could have forced the government into doing what you have stated above a little earlier. would have clearly given your concern a more noble façade. funny how all the intelligent ideas and honest concern for the judiciary and constitution pop up in you peoples' heads whenever the army's name comes up and not when the likes of hate spewing mullahs, talibans, clergymen are wreaking havoc while brandishing their guns and blades or with their incisive tongues, spreading hate across every mosque in every street.
p.s lol what a 'SAD' title for a hopeless article
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Jan 03, 2015 02:36pm
My question for the author and this nation is that how come the people who came through rigged election will be able to protect the constitution?
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Jan 03, 2015 02:39pm
Martial tactics are employed to put reins on rowdy students.
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Jan 03, 2015 02:42pm
This article would make sense if Pakistan didnt have a terrorism problem or if the government and the judiciary were really effective in stopping terrorism. The government and judiciary HAVE PROVED THEY ARE INEFFECTIVE.
So I dont understand why the editor who wrote this piece would want Pakistan to be destroyed and not let the military deal with this problem.
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Jan 03, 2015 02:44pm
Lots of Indians coming here to write that they support the editor's view.
The fact that ill-wishing Hindu's are against military trying the terrorists shows the fact that it is in Pakistan's national interest to let the military handle the situation.
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Jan 03, 2015 03:11pm
It is good that u write on editorial that 'the newspaper policy might not match the individual writer's brain wave'...no insult meant, agreed that democracy is a 'noble' thing, but here democracy, judiciary, Pakistan penal code, politicians, human rights society of pakistan, amnesty international, and who not, totally failed miserably in penalizing 100s of caught terrorists. It is an alarming, do or die situation, demands extra ordinary measures. Do not create confusion in minds of people. Bush said 'be with us or against us'. We need the country, not sacred democracy and judiciary that gets afraid of a phone call from terrorists and their symapthesizers!!
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Jan 03, 2015 03:16pm
The army chief is directing the civil process because the politicians have no vision nor political acumen. If the army had not taken this stand the Peshawar tragedy would have been forgotten and the corrupt politicians would have made some hollow speeches give some compensation and would have gone ahead with what they know best to do , i.e criticizing the opponents and making money besides the civil courts are scared corrupt and slow and have released many terrorists.
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Jan 03, 2015 03:34pm
No politician has the courage and will to curb the menace of terrorism and put signature on death warrant except the men in uniform. So why so much debate. Pakistanis will definitely support the ones who can bring peace.
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Jan 03, 2015 03:37pm
Surely a sad day for some pseudo liberals and Indians. They don't want to see terrorism being discouraged in Pakistan at any cost. There is a war going on in Pakistan and in the cases of such scenarios, emergency is usually imposed and civilian liberties are usually restricted until everything goes back to normal. First all such people used to thrash Pakistani establishment about not recognizing the war inside our borders when they finally did, which they should had long time back, yet they have some issues with it when militarily has really started crackdown against the militants, their supporters and now they will even punish them swiftly through courts as well unlike our dismal civilian courts who are next to nothing where only a rich person can get the justice and that too not timely.
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Jan 03, 2015 03:40pm
A big chunk of responsibility falls upon PTI and PAT as well who's needless agitation and hobnob with intelligence agencies weakened federal government's leverage
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Jan 03, 2015 03:55pm
It is very courageous of the editorial writer to put the popular concern in black and white. Particularly, in an atmosphere in which all sections of Pakistani elite are competing to become lackeys of the generals. Who doesn't know the power of the military and its policies which have brought the country/nation to such a stage but writers shy away to criticize this oligarchic body. Obviously opinion makers don't want to get into trouble; but this editorial has called a spade a spade. A great feeling!
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Jan 03, 2015 03:59pm
Unfortunately our civilian judicial system miserably failed to award exemplary punishments to Ts which was one of the reason, albeit major, for the tragedy of Peshawar. Should we wait for aonther 20 years before existing system becomes more robust to award punishment? No matter how many more lives we lose and even if survival of Pakistan is at stake? This is strange obsession to ideals of freedom. Feel apathy on such views. Military courts were the need of hour and very correct decision taken by the political and military leadership of the country. Both political govt and military should pace up their efforts in quick establishments of these courts so that a quick and examplary punishments could be handed down to Ts.
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Jan 03, 2015 04:01pm
@I. Ahmed Good comments
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Jan 03, 2015 04:07pm
@shaz The army had choices for more than 40 years & here are the results with the major contribution from Zia-ul-haq.
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Jan 03, 2015 04:20pm
With a predominant majority of illiterate, ill-informed, polarized, and easily ignitable population in Pakistan coupled with a corrupt justice system, does any one think that the civil administration deal with the terrorists which are firmly embedded in the highest positions in the government and elsewhere?
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Jan 03, 2015 04:24pm
Let's put aside the constitutional philosophy aside and take practical steps to get the country rid of terrorists without further delay. Constitution since it's existence has remained a mere document. Principles enshrined therein have never been respected by people in power - so please stop treating it as a HOLY document, which can't be touched. Right now the priority is to cut-through the enemies of Pakistan irrespective of the fact if any such act(s) are permissible under the constitution.
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Jan 03, 2015 04:25pm
@Masood Haider Democracy is secondary. Everything but military is secondary. This is the prescription for fighting terrorism. Why do we think this will work when military itself created the monster and still not able to let go the good terrorists.
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Jan 03, 2015 05:43pm
Agree with the editorial
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Jan 03, 2015 05:45pm
Military courts are not a solution. Why can't they give security to the civilian judges, they can even use technology for this purpose by holding a court online where the prisoner doesn't know who is the judge. Similarly improve prosecution and evidence collection.
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Jan 03, 2015 05:55pm
Nawaz is the culprit behind all this. He wants to sacrifice democratic values to save himself.
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Jan 03, 2015 06:02pm
@ I.Ahmed You have the sequence wrong, blame musharaf and Zia first then blame democrats. These dictators supported and bred terrorists. Dont forget the causes.
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Jan 03, 2015 06:08pm
@I. Ahmed u nailed it bro
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Jan 03, 2015 06:45pm
Sad day indeed. The politicians have failed the nation and the same time stole enough to last for generations.
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Jan 03, 2015 06:55pm
These courts can only try terrorists and not he corrupt ones. That is why politicians have no problem with these courts.
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Jan 03, 2015 07:30pm
@TK . India has been lucky that it has had mature political leadership hence the military power was kept under check. Pakistan has been a different case . The power vaccum created has been filled by military and politicians have to be blamed not military
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Jan 03, 2015 08:06pm
Pakistan is in need of honesty, originality and dissolution of all British era customs and laws. Only then, there will be a new and free Pakistan.
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Jan 03, 2015 08:32pm
First teach the basic alphabet before asking a child to read a book.
Pak masses were never taught virtues of democracy but instead fed with lies, distortion, religious hate and bigotry.
As a result the masses blew every chance of electing good and honest politicians or at least try a different set of crooks.
Those in power (read who) do not realy want this change either.
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Jan 03, 2015 08:39pm
At the end of the day; does a man on the street trust a major more than a magistrate? A colonel more than a session judge? a brigadier more than a high court judge? and a general more than a supreme court judge? I believe so. I don't know the name of any general's son but I know Arsalan Iftikhar and a couple other supreme court's sons.
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Jan 03, 2015 09:02pm
One of the real issue with Judiciary to take on terrorists is the fear of getting victimized by terrorists. The real question comes down to who will bell the cat? Add all sorts of political corruption to it. The civilian judiciary doesn't get good hand to play simply out of fear.
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Jan 03, 2015 09:52pm
Powerful Editorial
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Jan 03, 2015 10:22pm
For politicians it's easier to subdue to military court demands than to fix their governance, rule of law and prosecution.
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Jan 03, 2015 11:47pm
There has been no 'patriotic' civilian leader in the history of the country to date who genuinely placed Pakistan's interests' first!
No surprise then that military has ruled for more than half of the life of the nation!
To build nations' it requires visionary leaders' with 'true grit'.
Our bad luck, we have not found one yet!
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Jan 04, 2015 12:00am
@comment It is sad that the broken record is true. The mess that Pakistan finds itself in is self created. Thank God that more and more people are realizing that that the country has to change direction. We have to live with hope and prayers for a better tomorrow.
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Jan 04, 2015 12:03am
Lack of civil leadership has resulted into this situation. I was always against the Martial Law but the utter failure of last two Govts of Zardari and Nawaz Sharif ( 2 big economic terrorists ) has changed my mind.I wish economic terrorists can be tried by Military courts.NAB will not be able to go against Zardari and Nawaz Sharif.
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Jan 04, 2015 12:03am
Isnt it a failure of so called democrats and so called judiciary to assert their authority with actions rather then just "condemnation" and fifteen thousand "committees" they have formed all over these years. If you wont deliver, then don't moan. Someone else will take the place to take country forward. As for people of Pakistan, they careless, whoever will deliver they will stand by that force.
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Jan 04, 2015 12:19am
@Tariq, Lahore then why is that in India the military has never ruled the country? Your argument is not sound. You guys have become too happy to find a short-cut solution to your problems, and you know that has not worked.
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Jan 04, 2015 12:25am
60000 People have been killed and the courts are busy swindling bribe and benefits. Judges are releasing terrorists for lack of evidence and calling IG Police and DG Rangers for explanation /humiliation. Now you are singing your pathetic song of "Democracy ro Demon Cracy", crying for derailing of democracy may there be another 60000 dead.
DAWN is considered to be a very matured newspaper, but this Editorial gives highly immature and investigative attitude.
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Jan 04, 2015 12:36am
Great , great editorial. Makes me proud of myself as an avid and loyal dawn reader since 1980s
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Jan 04, 2015 12:42am
@I. Ahmed There are other factors due to which the government is supporting military courts. The forrmost of which is that Judges can't act against terrorists due to an obvious threat to their lives snd that's why the civilian judiciary is silent on the case. In the past people remained for years in prison without trials and then broke the jail. The military wants military courts because they apprehend terrorists with great pain and losses, who at the end are either kept in jail for some duration or released or breaks jail in bulk and becomes ever greater vagabonds because they then comes to know the weakness of our system. It not only humiliates us but also results in greatly affecting soldiers morale. I think the establishment of military courts will decrease the burdon of civil judiciary who cannot solve simple land cases in years which finally leads to killings between frustrated rivals. However the courts must remain to terrorism only. That must be predefined.
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Jan 04, 2015 12:43am
What you have here is Martial Law in disguise. It points to the weakness in the PM, the election process and the dereliction of duty and responsibility in the elected representatives of the people.
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Jan 04, 2015 12:52am
I do not know why Dawn is so nervous about the Military courts. Military courts are result of failure of our Judicial system which is not only insufficient but also ineffective deliver a strong message to the terrorists. We do not blame the Judiciary it self but the present and past governments who manipulated the judicial system to their own advantage. Judges were appointed by the
likes and dislikes of the parties and no protection what soever was provided to Judges and witnesses. Where there is insecurity of life, who going to deliver justice according to the law. Military courts are need of this difficult time and we need to make their work easy and smooth instead of criticizing and making hurdles with out knowledge of their out come. We need to wait and see .If the terrorism is eliminated and country move forward in the path of tranquility and properity then the military courts will be a blessing otherwise there is no other way out from this conundrum.
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Jan 04, 2015 01:06am
@Tariq, Lahore
You mean Bhutto , Zardari , Bilawal and sharif brothers are not patriotic ?
You mean they just serve their interests rather than Pakistans ?
Or you mean to say that all the parliamentarians are there to serve their interests only.
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Jan 04, 2015 01:11am
Military always argues and scares the citizens, whether Patriot Act of USA or Military courts of Pakistan, to assert that these measures are necessary to save lives and the country. And politicians always oblige.
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Jan 04, 2015 01:33am
@khan How did Musharraf breed terrorists? It was Musharraf who took action against the Lal Mosque if you remember correctly. Musharraf was the best Pakistani leader in recent times (He was at one point nominated for Time Magazines person of the year).
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Jan 04, 2015 01:35am
If there is referendum today on military courts, result will be in favor military courts.
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Jan 04, 2015 01:41am
It shows that Pakistan as a country is unable to produce any good leaders democratically.. Pakistan should start to introspect as to why, because many countries don't have this problem. If there is a consensus that Pakistan as a country is unable to produce a good leader to lead the country democratically and that nothing can be done regarding that .. then all the natak of elections need to stop so that there is no further wastage of money .. and allow the military to take over everything.
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Jan 04, 2015 02:16am
Marvellous
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Jan 04, 2015 04:01am
Judicial system is badley corrupeted in Pakistan no one is getting any justice people getting killed on live TV footag has been shown on Dawn news over and over no one is geting charge is this a democratic system I don,t think so that is why the Military wants military courts.I support the militray justice.
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Jan 04, 2015 04:26am
@Tariq, Lahore --- you are wrong---- all politicians have COUNTRY's Interests at the top of campaigning first --- then when they get elected --- The party they are affiliated with gets priority of party interests over national interests -- then once the oath is taken and one is parliamentarians then the special interest groups interests sail in the legislative process-- and when there is competition who is the highest payor or bidder then comes the personal interests of the politician --- I hope you get a pretty good idea of the Interests --- because without "" interest""""" there can be no "" interests""" when ""COMPOUNDED""" and not GROUNDED------- oh these interests interest so much to Tariq, Lahore.
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Jan 04, 2015 04:31am
@sid ---- there is no need for anyone to visit PAKISTAN for this, as you suggest to Ravi Dallas, TX, thanks to the fourth arm of the civil government the MEDIA through their TV coverage 24/7/365 via satellite people all over globe can watch the prevalent ANCHORISM in Pakistan, for rating hungry TV stations and anchors who show everything UNCENSORED now.
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Jan 04, 2015 04:46am
@Patriot You are assuming that this Nawaz Sharif government is a democratic government.
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Jan 04, 2015 04:48am
@ Ahmed you hit the nail on the head I agree with you 100 %.what a true statement you made .
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Jan 04, 2015 04:49am
@umar India did away with the Feudal class. That's not being lucky, that's being wise.
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Jan 04, 2015 04:54am
You stand right in defending democracy here but may I remind you the corruption this country is infested with. No matter what you do to improve the judicial system it will not produce results because for it to work you need a corruption free police and for police to be corruption free, you need to make it independent and invest in them maybe quarter to that we do on our army. Are our politician ready for this? Sad, we are looking for solutions from people who are itself a problem.
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Jan 04, 2015 04:54am
@I. Ahmed :----- looks you were not paying any attention to the IMRAN KHAN NAYA PAKISTAN in the making and his HISTORIC dharna for 126 days ------- Imran Khan made his name in the game of cricket and then he mastered in 18 years in the BLAME GAME and he stood on the DHARNA SQUARE pitch he created in his container for so long and see that is the problem -- the blame game is also reflected from your comment ----you cannot seem to name or who to blame except the 7 year democracy ----- agay agay dekhiyaay hota hay kya
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Jan 04, 2015 05:16am
@Masood Haider When you say judicial system failed; are you accusing judiciary of incompetency?
Did Judiciary fail inspite of you (Pakistani government) providing it with necessary infrastructure support to meet your expectations? Or were your expectations not rightly placed given the ability of judiciary. I think the article properly addresses this and highlights the need for strengthening the judiciary instead of creating a parallel system that reports to Army.
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Jan 04, 2015 05:32am
@Editor
Since many out here are talking about a failed judiciary....the title of your next article should be "Let's put judiciary on trial"
Let get some stats on how many cases pending for how long & what are judiciary's demands in terms of infrastructure & man power.
Let there be a comparison between budget spending for Army Vs Judiciary and let them explain to the nation the ROI.
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Jan 04, 2015 05:39am
We do not need the Military Court, but some sense of responsibility to perform our duty of employment. Corruption should be tackle which in turn will lead to change in Society. Nawaz Sharif took the easiest route to keep his Prime Ministership.
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Jan 04, 2015 06:07am
To those saying "military cours are need of the hour" please read "Doctrine of necessity" by CJP Iftikhar Chaudhry under President General Pervade Musharraf.
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Jan 04, 2015 06:25am
Absolute Power corrupts absolutely. Any government needs checks and balances and if power is given to Armed forces it will corrupt the army and Pakistan has not learned from their past be it Ayub Khan, Zia or Musharraf.
Excellent editorial from Dawn and it's from the heart of the nation. Good luck and we from across the border pray your internal problems are solved for the future of your country and neighbours.
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Jan 04, 2015 06:26am
It's, indeed, a sad day for Pakistan. For a while, even when it was fumbling, it seemed the democracy was still rooting. What has happened today is nothing short of a 'Soft Coup,' that's Constitutionally sanctioned and one that can't be questioned in any court, ever. Excellent maneuvering, General. We'll wait to see when Musharraf gets a safe passage out of the country.
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Jan 04, 2015 06:29am
I find this whole debate about military courts absurd. The United States has military courts for terrorists and even holds them in prison indefinitely without even charging them with a crime. If the world's greatest democracy can do it then why not pakistan's farcical cleptocracy.
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Jan 04, 2015 06:43am
What democracy are you talking about? Show me what the democracy has done for a common man? what exactly have the governments done in the last term and this one? what democracy? half the country complaining about rigged elections,almost the entire country complaining about the energy crisis,STILL,no system has been improved,prices have gone thru the roof,isn't the democracy suppose to work for the people?quit blaming the army,if it wasn't for the army,the terrorism would have swallowed the country,thank goodness for our brave men and women in uniform for their sacrifices and determination.If you guys are going to write an article like this,than you need to also show every bit of slackness this government and the last one has showed.If the government would have allowed the army to go after the terrorists when they wanted to,none of the kids would have lost their lives in Peshawar,non of the hundreds of innocent people would have died,all the political parties wanted to do was have a dialog,well guess what.Now again they can't come to a conclusion,they can't decide,first they are,than they worry about getting thrown in jail for corruptions and other matters.
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Jan 04, 2015 06:44am
Negative generalism. Let's not portray Govt and state institutions as two separate entities. Please encourage nation and all leadership categories to rise above petty ego to fight our common enemy.
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Jan 04, 2015 07:10am
@Blake don't hold yout breath. Relations with India will only improve under a truly civilian government. The military stands to lose all its budgets, importance and power is there is peace with India. They will never want that.
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Jan 04, 2015 07:25am
Corrupt politicians and dishonest murdrersof balochistan win again. Sad. Day. For. Pakistan
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Jan 04, 2015 08:29am
In Islamic republic of pakistan,there can be no separation between state and mosque.state is subservient to the khaleefa,the all powerfull commander in chief of the ulema and umma, Head of milititary.The problem is the schizophrinic attitude liberal modern muslims have understanding.It is perfectly normal with majority of muslims,they will have 100 points to defend this set up,most are evedent by the readers comments here.?Any surprise??
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Jan 04, 2015 08:38am
@I. Ahmed Very well argued.
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Jan 04, 2015 11:25am
Two points. To those who are saying that democracy has been given 7 years and is failing to show results - please be sensible. Building such foundational institutions take decades even in peaceful countries. In Pakistan, democracy will take at least 2 decades to become self-sustainable and even then it will have problems like all democracies do. Giving it 7 years and sacrificing it at altar of army control is like throwing the baby with the bathwater.
Second, all military regimes usually start out with the perception of being necessary for survival and for the good of the country. However power corrupts and complete power corrupts completely. This will lead to military rule within the next 2 years.
Pakistanis deserve better
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Jan 04, 2015 12:47pm
congratulations!! a new kind of Marshal law
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Jan 04, 2015 01:59pm
The editorial staff wants to have its cake and eat it too. Or for that matter running with the hare and hunting with the hound. Stop being that duplicitious.
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Jan 04, 2015 03:33pm
@TK I agree.
I imagine that writers like this one live in a fantasy where one party acts in a rigid and fixed way no matter what the other one does.
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Jan 04, 2015 04:54pm
Pakistan is imploding because of two contradictions in Pakistani society and mindset:
1. Trying to fight and support terrorism at the same time as it thinks both are critical for it's survival
2. Trying to follow western secular democracy and Islamic (Shariah) principles at the same time as it thinks both are critical for it's survival
Keeping your leg on two boats that move in opposite directions surely leads to drowning.
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Jan 04, 2015 06:40pm
@AJamal justice delayed is justice denied.
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Jan 04, 2015 09:04pm
With due regard, this sadness is misplaced and myopic. On another day - before Peshawar - it would have been on the dot.
Can we sort our priorities as they change and are made to change by inept leadership. Drastic action is required, can we agree on this? If the Parliament will not cater for it, then sadness is our cake to have.
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Jan 05, 2015 07:23am
If there is state there is democracy, army , judiciary and other institutes. Die hard democrats do not get it
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Jan 05, 2015 07:27am
@USN ... This is not coup. Politicians and army has concluded this will be best with extraordinary situation and problems. As terrorist WILL intimidate or kill and judges. Then who will testify against
terrorists. They will undermine the court system permanently.
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Jan 05, 2015 07:28am
For all the naysayers, let me say that democracy is an evolutionary process. India's expt with democracy is a work in progress and by no means complete. India has faced many many terrorist attacks but not once did anybody suggest that Army should set up special courts. Parliament passed various bills empowering the state to deal with the situation, TADA being one.
This kind of thing happens in a nascent democracy like Pakistan. Army does not want to give up its space and it finds this a good opportunity to stake its claim. In the absence of a good leadership and protests from the civil society, it is all too easy.
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Jan 05, 2015 10:31am
@I. Ahmed
Dear Ahmed! congrats for great appreciation because we are forgetful, emotional, superficial and lack deep analytical approach. influential and authoritarian is always to blame 1st in the distortion of law order situation. as such the sequence is reversed with 2nd no. of bureucracy and secret services(which are not mentioned in the comments). they create hurdles and never gives free hand to democratic people who are always accountable to judiciary, military,media and the public. worst always came for Pakistan under the military rulers. go 37 years back instead 7 years. agitation against bhutto started with slogan "bhutto will go and islam will come". then zia took over and owned US war in the name of holy war. all these proved false and fake in due course of time. another US war inflicted upon us. holy war war averted into terror war under another dictator. prior to this no one has even heard of TTP. both dictators served the US interests. with these events every evil and bad luck came into pakistan. bullet and gun became the supreme law. survival of the country is at stake due to the dictators not politicians. as far the advanced countries are concerned the military is subordinate not the boss. untill that we can not improve the system. whenever loyal politicians try to come out of this situation they are pushed back to the wall and they feel helpless and miserable. our weapons are used against us in the interest of others. i doubt the loyalty of some influential authorities
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Jan 05, 2015 11:51am
@I. Ahmed to add a little more us was worried about the issue of missing persons, pressing for military courts and dispose off the issue by speedy trials.
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Jan 05, 2015 12:04pm
Do these courts would take action against their own terrorists who are openly supporting terrorism in Afghanistan and India in the name of Jihad? Do they stop by preparing these outfits in the name of national interest?
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Jan 05, 2015 12:26pm
maybe a sad day for you, not for many, justice delayed justice denied, if you have better options please bring it on the table, till then keep your sadness to yourself, and let us remain sad forever for those innocents who died in peshawar.
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Jan 05, 2015 02:21pm
The real problem is not whether it is civilian court or military court even punishing the culprits.How to educate people who are engaged in anti state/antisocial activities to persuade them from doing so. The task is difficult may be but introduce better education system with unbiased texts/history can reduce the inflow of future terrorists at least. When Madrassas are teaching the religious text wrongly how can someone believe that the products from these schools are good citizens.
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Jan 05, 2015 06:49pm
This is a struggle to save our state, and as such the duty of the army to safe guard it by any means necessary.
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Jan 06, 2015 12:26am
@iftikhar Who were against Bhutto with slogan that 'Bhutto will go and Islam will come"? Politicians, right? Who supported 11 years of Zia's rule, politicians, right? Who was in the parliament of Musharaf, politicians, right? So if politicians themselves are uncouth, what democracy and principles from them are you looking forward to?
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Jan 06, 2015 10:49am
In the past military courts were primarily constituted to suppress political dissent. But now military courts are being created with the specific aim of fighting the menace of terrorism following failure of civilian courts to perform amidst terrorist threats to the lives of judges, witnesses, prosecuters and police officers. This is a well justified action under extraordinary circumstances criticism is devoid of any alternative solution to meet grave existential challenge faced by the nation.
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Jan 06, 2015 12:59pm
Shame on Imran Khan and Nawaz Sharif, the so called democrats. Nawaz can still be forgiven because everyone knows he is good for nothing, but Imran Khan has shown himself to be spineless when it comes to standing against generals...
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Jan 06, 2015 05:21pm
The judiciary has misunderstood the "justice is blind" concept and have blinded themselves to the crimes of the terrorists, by reason of sympathizing with their cause or fear of reprisal from them. In either case they are not fit to try these individuals. It becomes very difficult for one to distinguish between those purely championing democracy from the Taliban apologists when the purported loss of democratic principles is bemoaned to the exclusion of expressions of horror at the carnage of civilian life to which the nation has become desensitized.
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Jan 06, 2015 07:04pm
Oh please' a constitution built on an edifice of rights'...the rubble of which has been swept under the carpet by out useless "leaders". The army is also a state institution and the govt is acting in the interest of the people (that is us fyi) by empowering it to deal with a national crisis. Just like it does when there are floods, famines, earthquakes or security breaches because our civilians and the systems run by them are just so competent!!!
Why dont you run a poll? Oh, but you already did that and the public supported the military courts....so maybe more dusty smelly polluted air we breathe and less drawing room dreams of occidental ideals.
Even better would be an analysis of the parties that abstained.
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