RBroz Consultancy Corner: Parliament gives legal cover to military courts

ISLAMABAD: Amidst a boycott by the JUI-F and Jamaat-e-Islami (JI), National Assembly on Tuesday passed the 21st Constitutional Amendment by two thirds majority for the establishment of military courts specifically to deal with the acts of terrorism in the name of religion or sect.

The bill received strong objection from the religious political parties. Lawmaker also passed with majority vote The Pakistan Army (Amendment) Bill 2015 for speedy trial of offences relating to terrorism, waging of war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan any terrorist group using the names of religion or sect in a house, which also witnessed the absence of Pakistan Tehreek-e-Insaf (PTI) despite its agreement to these anti-terrorism measures in APC along with Sheikh Rasheed Ahmed of Awami Muslim League.

Certain amendments introduced in two pieces of legislation did not change essence of the first ones introduced in the assembly few weeks back, especially rejecting the demand of JUI-F and JI to generalise the definition of terrorism in 21stConstitutional Amendment. The one amendment introduced by the government explained that sect means a sect of a religion and does not include any political party regulated under the law, apparently to soothe the religious political parties JUI-F and JI, which however didn’t agree to it and went for boycott of the session.

In the absence of JI lawmakers, Speaker Ayaz Sadiq dropped their amendments – one in 21st Amendment and second in Army Act 1952 – when no one from the party was present in the House after speaker called their names. The government moved four amendments each in the 21st Constitutional Amendment and Army Act Amendment Bill were adopted unanimously amidst the desk thumping from both sides of the aisle. To reinforce emphasis on taking action against terrorism and armed struggle in the name of religion or sect, the treasury side’s amendment rehashed words sect or religion in the preamble by terrorists groups, armed groups, wing and militias and their members using name of sector or religion.

The preambles of both were largely identical, citing “extraordinary situation and circumstances” that they said demanded “special measures for speedy trial of certain offences relating to terrorism, waging of war or insurrection against Pakistan” and prevention of acts threatening the country’s security by “any terrorist or terrorist group using the name of religion or a sect and members of such armed groups, wings and militias”.

However, the Pakistan Army (Amendment) added two key new sub-clauses in the existing act describing people or groups that could be punished under the new law. Under an amendment, the house fixed two years limit for the amended Army Act Bill to remain in force from the date of its commencement. On the directives of speaker the House was divided in two booths to allow the members to cast their vote in favour of constitutional amendment before the bells were rung for five minutes to let the members in galleries come in the House after which entrance doors of the assembly halls were closed.

Upon the completion of voting, the doors of assembly hall were opened and speaker asked the members to take their seats to announce that 247 members cast their votes in favour of it exceeding nineteen votes from the required 228 members strength to pass an amendment in the constitution. No vote was caste against the amendment. The Army Amendment Bill 2015 also sailed through the House unanimously when louder “ayes” of the members in the largely attended house with both sides of divide represented by their stalwarts and senior parliamentary leadership.

Prime Minister Nawaz Sharif, glued to his seat for the whole proceedings, Opposition Leader Khursheed Shah, Dr Farooq Sattar, Mahmood Khan Ackakzai, Aftab Sherpao were the main leadership of parties attended the proceedings. PPP’s Makhdoom Amin Fahim and Faryal Talpur along with Mir Zafarullah Khan Jamali, Zahid Hamid and Federal Minister Railways Saad Rafiq didn’t attend the proceedings. Earlier, Syed Khursheed hoped that military courts would work within the ambit of law and constitution.

“We are confident that military courts will function strictly according to their mandate, the law and the constitution... It’s need of the hour is to support the government to curb terrorism,” Shah addressed the House ahead of the voting.