- Govt wins support of opposition, fails to woo allies, as PkMAP votes against bills, JUI-F abstains; PPP proposes monitoring committee to keep a check over courts
It proved to be a smooth sailing for the federal government as the National Assembly on Tuesday passed the 28th Constitutional (Amendment) Bill to reinstate military courts with an overwhelming majority as around 255 members voted for the amendment bill while four lawmakers opposed it.
The numbers surpassed the two-thirds majority required for the legislation. The federal government though was able to win almost all the opposition parties, its two allied parties – Pakhtunkhwa Milli Awami Party (PkMAP) and the Jamiat Ulema-e-Islam-F (JUI-F) – did not vote for the bills, registering their opposition to the legislation for the revival of the military courts.
While the three lawmakers of the PkMAP opposed the bill, the JUI-F lawmakers preferred to abstain the voting process. Jamshed Dasti was the fourth lawmaker who opposed the bills. Interestingly, the JUI-F lawmakers preferred to abstain from the voting on the bills rather than opposing it. They also failed to present any amendments to the bill, as per their claim made on Monday.
However, the JUI-F leader viewed that they had reservations regarding its legal language, specifically with the phrase terrorism in the name of religion. The House also passed a resolution for the formation of a parliamentary committee to oversee the military courts. The PPP had proposed for the monitoring committee to keep a parliamentary check over the courts perhaps with an objective that the courts don’t provide military with an excuse to try politicians involved in corruption.
According to the 21st constitutional amendment, under which the military courts were formed in January 2015 for a two-year tenure, only the cases of the hardcore terrorists could be referred to the military courts for trial who were involved in terror activities while using the name of religion or sect.
Now besides those belonging to any terrorist group or organisation misusing the name of religion or a sect, those committing grave and violent act of terrorism against the state have also been added to be tried by the military courts which provide a swift process. This addition will help try all those involved in terrorism.
Pakistan Muslim League-Zia chief Ejazul Haq, whose party is an ally of the ruling party in the federal government, said that revival of the military courts was need of the country and not that of the security forces. He said that the military courts should continue to work till the elimination of terrorism from the country. Minister for Law and Justice Zahid Hamid moved both the bills – the 28th Constitutional (Amendment) Bill and the Pakistan Army (Amendment) Act 2017.
The bills were passed with majority. However, despite the government’s efforts, the bills could not be passed unanimously. Before the session, Prime Minister Nawaz Sharif chaired the party’s parliamentary session and directed them to support the bills. Later, he also attended the session after a lapse of almost eight months. The amendment will now be presented to Senate, where it will need two-thirds approval in order to become law.
If the bill is passed by the Senate, it will reinstate military courts for a period of two years starting Jan 7, 2017 — the date on which military courts had lapsed under the previous arrangement. Taking part in the discussion, Haji Ghulam Ahmad Bilour of ANP supported the bill and said that elimination of terrorist mindset was imperative for eradication of terrorism. Dr Nafisa Shah of PPP said that the military courts were working in a number of the democratic countries in the world. “We will vote in support of the bill because extraordinary measures are needed to address terrorism,” she added.
Winding up the discussion, Finance Minister Senator Ishaq Dar said that the Parliamentary Committee on National Security that was constituted after the incident of Abbottabad, would also be revived through a resolution and it would oversight the functioning of the military courts.
