Karachi: Pasban e Pakistan President Altaf Shakoor has filed a constitutional petition under article 184 (3) of the Constitution of Pakistan against the federation of Pakistan through secretary ministry of interior, secretary ministry of defence and secretary ministry of law, praying to declare the formation of military court illegal, in contravention of provisions of Constitution and violation of the judgment of the honorable court.
The petitioner said that the government has recently decided to form military courts in the country to punish terrorists, though already ATA and speedy courts are functioning according to the law. The only reason for such move was said to be increase in the activities of terrorists.
Although failure in meeting such situation is due to lapse on the part of police and agencies, which are not trained like Pak Army and therefore, these agencies need reforms instead of forming the military courts.
Instead of removing above deficiencies in the police and agencies, the government resorted to induct military courts or speedy trial courts, headed by the military officers in the presence of existing judicial system, meaning thereby that they have no confidence in courts, though not expressly stated, to introduce a parallel judiciary which ostensibly is not only in violation of Constitution but also lethal to democratic system.
No doubt the representatives of the people have endorsed it but it being solely a legal subject, it could only be properly examined by the legal experts. The representatives endorsing such proposal are not legal experts, except a few belonging to the ruling class and their associates.
The government did not bother to seek assistance of the experts for its guidance. It is for that reason that a decision, which is neither democratic, nor constitutional or even in the public interest, has been approved.
That there is already a great hue and cry about the conduct of police and agencies, for their unfair attitude, false implication of innocent people, victimization due to personal grudge or political influence. In case the military courts would depend on the police and agencies alike, the investigation conducted by them, most probably innocent people are also to be victimized which would cause further unrest in the people and then the Army would also be criticized. In this case the people would lose all hope which would also be detrimental.
In case there is no solution except involving the military, the better course would have been to hand over the entire charge of law and order to them for two years as indicated by the government. In that way the Military would better do their job. Only establishment of military court or punishment through them, would not stop the terrorists particularly those called suicide bombers.
That irrespective of the above, the formation of military courts has already been declared illegal; therefore, the formation of such courts again would be a violation of the decision of this honorable court. There appears no moral justification in establishing military courts in the civil government based on democracy.
That a number of legal experts including the president of Bar have condemned the formation of military courts, declaring it to be detrimental for the system of the country, which cannot be ignored. Thus formation of the military courts needs to be declared a nullity. As it is a matter of great importance for the people as well as the nation, it requires consideration.
The petitioner prayed to declare the formation of military court illegal, in contravention of provisions of Constitution and violation of the judgment of the honorable court.