ISLAMABAD: Nearly all major political parties on Tuesday agreed to revive military courts for another two-year period, albeit on the condition that a parliamentary committee be set up to oversee the implementation of the National Action Plan (NAP) and steps taken to improve the judicial and legal system.

During a meeting of parliamentary leaders, presided by National Assembly Speaker Ayaz Sadiq, representatives of all parties — except the Pakistan Peoples Party (PPP) — also endorsed the draft of the required constitutional amendment bill, but with some crucial changes aimed at ensuring that the law is not used against political rivals.

The PPP, which has already convened a multiparty conference on the issue in Islamabad on March 4, boycotted the meeting to register its protest over the government’s move to amend the draft of the proposed law without taking them into confidence.


PPP boycotts meeting, sticks to own plan for multiparty conference; NA session on March 6 to give legal cover to courts’ extension


Similarly, the Muttahida Qaumi Movement (MQM) said that in principle the party agreed that there was a need to continue the military courts, but it still had “some reservations” over the draft and sought “guarantees and assurances” directly from Prime Minister Nawaz Sharif before voting in support of the move.

The announcement of a consensus on the revival of military courts was made jointly by parliamentary leaders from ruling and opposition parties after Tuesday’s meeting.

MQM’s parliamentary leader Dr Farooq Sattar, however, spoke to the media separately, regretting the prime minister’s absence from discussion on an issue that was linked to the country’s security and integrity.

The parliamentary leaders’ accord on the proposed reinstatement of military courts has virtually rendered the PPP’s conference a redundant exercise; the Pakistan Tehreek-i-Insaaf (PTI) has already hinted that it may not take part in the moot after the consensus.

Military courts were established to try civilians charged with terrorism in January 2015 after a terrorist attack on the Army Public School in Peshawar in December 2014. The courts have been non-functional since Jan 7 after the expiry of the two-year constitutional cover given to them.

Initially, opposition parties and government allies — such as Jamiat Ulema-i-Islam-Fazl (JUI-F) and the Pakhtunkhwa Milli Awami Party (PkMAP) — also opposed any extension for the military courts. However, in the wake of recent spate of terrorism that hit the country last month and claimed over 100 lives and following considerable pressure from military circles, political parties had to agree to revive the courts.

Differences, however, persisted over the draft of the bill handed over to parties by the government on Feb 17, suggesting a crucial amendment to Article 175(3) of the Constitution.

Opposition parties, including the PPP, PTI and MQM, had opposed the proposed draft, alleging that the government had changed it without taking them into confidence only to appease the JUI-F. Maulana Fazlur Rehman’s party was earlier opposing the government move, but has now agreed to support it following the government’s introduction of an amended draft.

The opposition parties objected to the government’s amendment of Article 175(3), which had allowed the military courts to try persons “belonging to any terrorist group or organisation using the name of religion or a sect”.

In the new draft, the government has removed the words “using the name of religion or sect”, creating apprehensions among political parties that the law could be used against them for “arm-twisting or political victimisation”.

Talking to reporters after Tuesday’s meeting, Finance Minister Ishaq Dar and PTI Vice-Chairman Shah Mehmood Qureshi said that all those present had agreed on a two-year extension for the military courts.

Mr Dar expressed the hope that the PPP would support the decision after their multi-party conference. He said that all parties had also agreed to convene a session of the National Assembly on March 6 to pass the bill to amend the Pakistan Army Act.

The minister said that the military courts would be reinstated with retrospective effect and the period after Jan 7 would be given legal cover.

Former interior minister and Qaumi Watan Party chief Aftab Sherpao expressed the hope that this would be the last time that they would be extending the life of the military courts.

Ghulam Ahmed Bilour of the Awami National Party (ANP), Sahibzada Tariqullah of the Jamaat-i-Islami and Awami Muslim League chief Sheikh Rashid Ahmed also declared that they had endorsed the government’s proposal of reviving the military courts for two years.

Talking to Dawn, PTI’s Shah Mehmood Qureshi said that the draft bill would contain the stipulation that following the expiry of this fresh two-year term, all pending cases before them would automatically be transferred back to anti-terrorism courts.

Mr Qureshi said that a plan, containing a timeframe for the implementation of various steps by the government to ensure reforms in the legal and judicial system, would be signed by all parliamentary leaders and an oversight committee would monitor its implementation.

He also said concerns that the law could be misused for political victimisation had been removed by including a specific explanation in the bill that the law would not be used against any political or religious party.

Meanwhile, the PPP continued contacting political parties to invite them to their multi-party conference, despite the announcement of a consensus on the military courts issue.

Besides meeting Mr Qureshi, a PPP delegation headed by party secretary general and former Senate Chairman Nayyar Bokhari called on JI Chief Sirajul Haq and leaders of the Pakistan Awami Tehreek.

Talking to Dawn, PPP spokesperson Farhatullah Babar declared that the party would go ahead with the conference, despite reports of a consensus among all parties.

Mr Babar said the PPP had intentionally boycotted Tuesday’s meeting as it had serious objections over the speaker’s role in these meetings. The PPP, he said, believed that the speaker should be an impartial person and should not be the part of any government team.

Published in Dawn, March 1st, 2017

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