ISLAMABAD: A resolution, passed in the presence of less than a dozen senators, on Monday urged the Supreme Court to “reconsider” its verdict of declaring “unconstitutional” the military trial of civilians for their alleged role in attacks on army installations on May 9.

The resolution, which was not part of the agenda issued before the session, was tabled when a majority of members were absent. It was read out by independent Senator Dilawar Khan from Khyber Pakhtunkhwa and supported only by the Balochistan Awami Party (BAP) senators.

The two-page resolution termed the verdict “an attempt to rewrite the law” and an encroachment of the parliament’s legislative authority.

Before the motion was presented in the closing minutes of a private members’ day, the house, for nearly two hours, debated the ongoing expulsion of “illegal Afghan refugees”.

‘Hasty’ resolution says SC order ‘attempt to rewrite law’; minister claims over 294,000 Afghans returned voluntarily

Senate Chairman Sadiq Sanjrani bypassed the rules and allowed Mr Khan to move the resolution.

PPP Senator Raza Rabbani and JI’s Mushtaq Ahmed not only voted against the resolution but also protested against the chairman’s permission to table the resolution in alleged violation of rules.

The chairman rushed the final business of the day and adjourned the house till 10am today (Tuesday), leaving the two senators protesting in front of the empty hall.

The resolution

The motion, read out by Senator Khan, urged the apex court to reconsider its decision in line with the “national security paradigm and sacrifices of the martyrs”.

“Prima facie, an attempt has been made to rewrite the law by impinging upon the legislative authority of the Parliament,” reads the resolution, a copy of which is available with Dawn.

Other than Mr Khan, the motion carried the signatures of senators Kahuda Babar, Ahmed Khan, Prince Ahmed Omer Ahmedzai, Naseebullah Bazai and Manzoor Kakar.

The resolution said the military trial of those accused of violence against the army was “an appropriate and proportional response in line with Pakistan’s existing constitutional framework”.

“Within the country’s constitutional framework, the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts.”

They also endorsed the concerns expressed by the martyrs’ family members that the absence of military courts would “encourage or embolden those responsible for acts of terrorism” since regular courts can’t hand out strict punishments.

This was a reference to a press conference held by Shuhada Forum last week where they called for the “restoration of military courts”. The forum included the family members of the victims who lost their lives in terrorist attacks.

Debate on Afghans’ expulsion

Earlier, the senators expressed concerns over the reports about alleged “manhandling” of Afghan nationals during their deportation.

They urged the government to provide more time to the Afghan nationals to wind up their businesses, sell properties and find suitable accommodation in Afghanistan.

PML-N Senator Ishaq Dar also asked the caretaker government to present a clear policy to combat terrorism.

“Who told you to go to Kabul and engage the Taliban government after it came to power? Who told you to release hardened criminals who were imprisoned in Pakistan’s jails …?” asked Mr Dar, without naming anyone.

National Party’s Tahir Bizenjo called for a meeting of the entire house to devise a new Afghan policy after consultations with all stakeholders.

Caretaker Interior Minister Sarfraz Bugti said the crackdown was against “illegal” immigrants, irrespective of their nationality, according to APP.

He said over 300,000 Afghans have so far returned to their country. Around 294,000 went voluntarily, while around 8,000 were sent back by the government, the minister claimed.

Published in Dawn, November 14th, 2023