The courts, which were established through an amendment in the constitution following the horrific attack on the Army Public School in Peshawar on December 16, 2014, wound up on January 7 this year.
When the military courts were established in the first week of 2015 most of the political parties were primarily against the move, but they were forced to accept it as a “bitter pill” because of the failure of the criminal justice system to effectively try and punish terrorists.
Back then an All Parties Conference gave the approval for the amendments in the Pakistan Army Act to extend its jurisdiction for speedy trial of terror cases under the constitutional amendment with a sunset clause of two years from the date of enactment.
Since the expiry of the mandated period of the military courts, the government has expressed its intent to revive them, saying it aims to bring a constitutional amendment for the purpose ‘’which is agreed by all political parties represented in parliament’’.
But so far, the government has failed to secure the consent of opposition parties on the issue.
The latest meeting, on January 17, between the opposition parties and the government on the issue remained inconclusive.
The government’s briefings failed to impress the opposition leaders who reportedly sought clarifications on the implementation of the National Action Plan, seminary reforms, judicial reforms and the government’s policy on the proscribed outfits including the sectarian groups.
The government has assured that it will answer all the questions raised by the parliamentary parties’ leaders in the next meeting that will be held on January 31.
The issue of military courts has generated a heated debate in the country. While rights activists have described them as violation of basic human rights, the government has justified their existence saying the courts have served as a deterrent and reduced terrorist activities.Pakistan’s Inter-Services Public Relations has claimed that ‘’Disposal through military courts has yielded positive effects towards reduction in terrorist activities.”
The Prime Minister’s Office has said in a statement said the military courts have complemented the army’s Operation Zarb-e-Azb against terrorism.
While the fate of military courts hangs in the balance till the Jan 31st meeting, the government seems to be taking no chances. In case it fails to achieve a political consensus to win a new life for the military courts, the government is considering setting up courts for trial of terrorism cases with secret judges and prosecutors.
The proposal ensures that the identity of both the judge and prosecutors of these courts will be concealed in order to encourage them to speedily decide terrorism cases without any fear.
These courts will be set up, according to the proposal, with the merger of the existing Anti-Terrorist Act and the recently-lapsed Protection of Pakistan Act of 2014.
While it remains to be seen whether the government will play the trump card, for now the jury is still out on the military courts in Pakistan.
