Islamabad, Pakistan: ‘Military Courts are the only solution to fight out terrorism in the country and all other arrangements would only be cosmetic’.
Academicians, senior journalists, and political analysts observed this while commenting on emerging terrorism in the country in a current affairs show, SHAHRAH-E-DASTOOR, hosted by senior anchor Javed Iqbal at PTV News.
Senior analysts Dr Farooq Adil, Hafiz Tahir Khalil, and Agha Iqrar Haroon believed that Pakistan was facing unusual circumstances and needed extraordinary measures from the state. They appreciated the government’s decisions to review the laws and make much-needed changes in the Criminal Procedure Code (CrPc).
It may be mentioned that the 26th Constitutional Amendment draft had a provision for setting up Military Courts in the country, but the provision was excluded due to criticism from opposition parties. Analysts were of the view that it is the state’s responsibility to take extraordinary measures to ensure the safety of its citizens.
Almost every week, personnel of security and law enforcement agencies offer their lives, and every hour of the day they put their lives in danger during operations against terrorists but taking life risks is futile because terrorists get support from the legal system and the conviction rate is too low to be realistic.
The sacrifices of the nation, particularly the Pakistan Army, police, and security agencies are in front of everyone and everybody knows that the judicial system is contributing to purging terrorism in Pakistan. The fate of the Military Court trial is hanging in the Supreme Court while the 26th Constitutional Amendment does not offer anything for speedy justice at lower courts.
When terrorists are presented in the anti-terrorism courts established across the country, as mentioned earlier, due to the legal loophole, these terrorists are released due to lack of evidence against them. Then they regroup, launch fresh waves of terrorist activities, harm the Pakistan Army, kill innocent people, and dance on their dead bodies. The acquittal ratio of people involved in terrorism is high because of several reasons that include non-availability of witnesses, fear among lower judiciary as well as of public prosecutors in cases of hard-core terrorists, and provision of bail available to terrorists. Judges and public prosecutors know that hard-core terrorists can get bail anytime from higher courts and then they (terrorists) can harm the families of public prosecutors/lower staff, resulting in delays in deciding cases. When the anti-terrorist courts are overwhelmed with cases, the terrorists will undoubtedly get the benefit of this, their cases will be suspended. Failure to provide evidence and delays in recording witnesses to courts by the state prosecutors always provide benefits to the accused (terrorists). Sometimes investigative teams become under life threats and they leave loopholes in the case with an announced arrangement with the accused (terrorists).
All these factors emphasize the importance of establishing military courts and hearing cases through them. The establishment of military courts was approved/implemented under the National Action Plan made in 2014.
