- Govt to make necessary legislation empowering services chiefs to decide number of special tribunals across country
- Military courts to function from Jan 15, 2015 to Jan 14, 2017
- KP governor to install military courts in FATA
- Federal govt reserves power of transferring cases to military courts
The federal government is all set to introduce necessary legislation for setting up speedy trial courts for “hardened terrorists, their abettors and facilitators”, while empowering the three services chiefs to decide on the number of such courts across the country.
The courts will function from January 15, 2015 to January 14, 2017.
Moreover, another regulation of 2011 is to be approved by the president, amending Article 247 of the constitution, to help install military courts in the Federally Administered Tribal Areas (FATA).
The proposed amendments are likely to be discussed by Prime Minister Nawaz Sharif during a meeting today (Tuesday) to review the National Action Plan against terrorism. The meeting will be attended by Interior Minister Chaudhry Nisar Ali Khan, Chief of Army Staff General Raheel Sharif and Inter-Services Intelligence (ISI) director general among others.
The meeting will also discuss a strategy on securing educational institutions and key installations.
According to sources, the federal government is likely to get the constitutional amendment approved from the National Assembly and Senate within days and a session of the National Assembly (NA) is being summoned on January 5 for this purpose. All lawmakers have been directed to reach Islamabad and parliamentarians who are abroad have been called back, the source added.
Meanwhile, talking to Pakistan Today, senior jurist SM Zafar says that the measure to give powers to the three services chiefs means that army, navy and air force officers would be a part of the military courts. This is why these courts have been named “special courts”, he said, adding that previously only the chief of army staff was empowered to convene military courts.
Zafar says that since civilian courts have failed to punish terrorists, there is no option but to try military courts. “We would have to try military courts under extraordinary circumstances as improvement in judiciary may take years and terrorists may take advantage. In the past, no evidence could be produced due to threats from terrorists. Two years’ term for these courts is adequate,” he said.
Asked whether military courts would help root out terrorism, the veteran lawyer said that no one could guarantee that. Trials of terrorists may discourage this mindset, he added.
“Though such courts in the US or Europe could not end terrorism yet at least the terrorists were punished,” he said.
PM APPROVES LEGISLATION TO CURB TERRORISM:
Furthermore, according to documents available with Pakistan Today, the PM has approved four pieces of legislation, comprising two ordinances and two amendment bills, also carrying a ‘sunset clause’ under which the military courts would automatically end their function by January 14, 2017, after completing a two-year term.
However, the government has kept all powers with itself and the federal government would have the powers to transfer any case to the military courts, the document states.
The premier has also approved an ordinance titled Pakistan Army Act (Amendment) Ordinance 1952, which refers to the “extraordinary situation and circumstances” which demand “special measures for speedy trial” of certain terrorism-related offences.
The military courts would try criminals for waging war or insurrection against Pakistan besides preventing acts of miscreants, terrorists and foreign-funded elements that threaten the security of Pakistan.
“Since the ordinary justice system has failed to deliver, it is expedient to establish Special Tribunals for trial of certain offences,” the ordinance states.
“…any person is alleged to have abetted, aided or conspired in the commission of an offence shall be tried under this Act wherever he may have committed that offence,” states the amendment.
Another amendment states that no person accused of an offence under the laws shall be prosecuted and tried without the prior sanction of the federal government.
“The federal government shall have the power to transfer any proceedings under the Anti-terrorism Act, 1997 (XXVII of 1997), the Protection of Pakistan Act, 2014 (X of 2014) and any other law referred to in sub-clauses (iii), (iv) and (v) of clause (d) of sub-section (1) of section 2, pending in any court to a Special Tribunal established under section 2A.”
Another clause introduced relates to the powers given to the three services chiefs. “As directed by the federal government, the Chiefs of the Staff of the Armed Forces may convene ‘as many’ Special Tribunals as may be necessary to try offences under the laws mentioned in section 2(1)(d), including the convening of Tribunals of Appeals to hear appeals against the decisions made and sentences passed by the Special Tribunals.”
“The Special Tribunals convened under section 2A, shall have the power to try any person, whether a military-man or a civilian. Under the ordinance, transfer of pending cases of terrorism has also been ensured whether a person committed an offence before the commencement of this Act, and the case relating thereto is pending trial in any court, the same may be transferred to a Tribunal constituted under section 2A under a direction of the Federal Government.”
“The convicts would have the right to appeal against the final judgement of a special tribunal before a Tribunal of Appeals convened under section 2A. Copies of the judgment of the Special Tribunals shall be supplied to the accused and the public prosecutor or the defending officer free of cost on the day the judgment is pronounced, and the record of Special Tribunals shall be transmitted to the Tribunal of Appeals within two days of the decision, the ordinance states.”
“An appeal under sub-section (1) may be preferred by a person sentenced to a Tribunal of Appeals within three days of the passing of the sentence,” the ordinance added.
SPECIAL COURTS IN FATA:
Moreover, the government has empowered the Khyber Pakhtunkhwa (KP) governor to establish special courts for trial of miscreants and other persons accused of scheduled offences.
A copy of the regulation also mentions the accused captured during actions and operations conducted by armed forces in aid of civil power; or are in internment centres; or are otherwise triable under Regulation 2011 or under this Regulation.
The military courts in FATA would be manned by a serving or retired sessions judge or a serving or retired officer of the armed forces or someone who has been an advocate for a period of not less than 10 years.
“A special court shall not, merely by reason of a change in its composition or transfer of a case, be bound to recall and rehear any witness who has given evidence, and it may act on the evidence already recorded,” states the regulation.
“Moreover, an accused may be convicted on the basis of electronic or forensic evidence or such other evidence that may have become available because of modern devices or techniques referred to in Article 164 of the Qanune-Shahadat, 1984 or under the Investigation for Fair Trial Act, 2013 or any other law for the time being in force.”
“An appeal against the judgement by a Special Court of FATA shall lie with a tribunal which shall consist of two members, one being a serving or retired sessions judge or serving or retired member of armed forces or a serving or retired civil servant not below BS-21 and the other a retired judge of a high court. The appeal under sub-section (1) shall be preferred within 30 days.”
No court other than a special court shall have power to grant bail to a person accused of offence under this regulation.
The regulation states that the governor may, if he considers it expedient in the interest of justice or where convenience of the witnesses or the safety of the judges, accused or the witnesses so requires, transfer any case from one special court to another.
“The governor may take appropriate measures to provide security to the prosecution witnesses, investigating officers, prosecutors and the judges of the special courts and members of the tribunal,” the regulation adds.