Former Chief Justice of Pakistan Justice (r) Saeeduzzaman Siddiqui has said that if military court were established without proper constitutional amendments, their fate would not be different from the military courts as announced in the era of Mian Nawaz Sharif in 1998.
Speaking at a seminar, organized by Pasban, at the Karachi Press Club (KPC) on Monday, he reminded at that time those military courts were challenged in the Supreme Court of Pakistan and in the case of Muhram Ali, the Supreme Court gave the ruling that the military courts were against the prevailing judicial system and the constitution of Pakistan. These courts even if established would not prove beneficial. If the government wants to set up the military courts again it should have to amend the constitution and make these courts subordinate to the high courts. Otherwise, the establishment of the military courts would mean that there is lack of confidence in the prevailing court system in Pakistan.
Justice Saeeduzzaman Siddiqui said that the military courts are against the article 175 of the constitution of Pakistan. Under the article 245 the government can seek assistance from the armed forces when needed and even call them for a limited period and in this regard also make laws; however, it cannot set up the military courts as a permanent legal system.
Ex-president of Supreme Court Bar Association Hamid Ali Khan addressing the seminar on telephone said that establishing of military courts is against the law and constitution and an extra-constitutional step. He said the experiment of military courts in past is before us, which were termed null and void by the Supreme Court of Pakistan in 1998. He said the record and decisions of the previous military courts in martial law regimes are there to show that these courts are no solution to the issues facing nation and country. These decisions in past have remained disputed. He said instead of insisting on military courts we should remove the shortcomings of our present judicial system and increase access of people to swift and cost-effective justice system.
Pasban e Pakistan President Altaf Shakoor said that Pasban has not invited any political parties to this seminar because all political parties are supporting the unconstitutional military courts. He said the assistance of the armed forces and agencies in judicial investigation is welcome, but the right to give verdicts should remain vested with the judges. He said the corrupt police deliberately makes cases weak and the judges cannot go to field for investigation. He asked if the army officers are replaced with judges, would the judges be sent to battlefield. He said that Pasban would foil the conspiracy to create differences between the Pakistani masses and their army. He said Pakistan army is our own army and it is not proper for patriotic Pakistanis to utter improper language against it due to the mistakes of a few officers.
Columnist Tahir Najmi said the whole nation is mourning the Peshawar tragedy, and every Pakistani wants that the culprits are duly punished. He said; however, we should show sanity and give focus to improve our system to ensure such tragedies are not repeated in future. He said there should be a justice system that ensures due punishment to the criminals but does not harm any innocent person.
Religious scholar and administrator of Jamia Binoria Mufti Naeem said the common man is not getting justice either from the ordinary courts or special courts. He said the statement of Asif Ali Zardari is worth noting that the politicians would not be brought to the military courts.