The Upper House of Parliament has recently passed a resolution against the Supreme Court’s verdict on civilians’ trials in the military courts, urging the top court to stop implementation of the judgment unless it is considered by a larger bench. The resolution observed with apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities. It said military courts have played a pivotal role in delivering justice, particularly concerning acts of terrorism, often instigated by neighbouring adversaries within Pakistan’s borders. The Senate of Pakistan calls upon the apex court to reconsider its decision, urging alignment with the national security paradigm and sacrifices of the martyrs to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation.
Previously, a five-member apex court bench headed by Justice Ijaz Ul Ahsan announced its verdict on October 23 on the petitions filed by the PTI Chief and others against the trial of civilians/ May 9 rioters by the Military Courts. Four judges out of the five had declared that Section 2(1)(d) of the Army Act and 59(4) (civil offences) ultra vires the Constitution and of no legal effect and ordered the immediate transfer of the cases of around 103 accused involved in May 9 riots to trial courts that were deemed competent forum for trial of subject cases. The incumbent government expressed dismay over the apex court’s verdict and announced filing a petition for review of the judgement by a full bench of the supreme court as the administration perceives it a deterrence to curb anti-state vandalism and violence against the state and its institutions.
The rigmarole regarding the importance of military courts has been resonating in the media and scholarly circles over the past weeks after the President okayed the Parliament’s legislation regarding the Pakistan Army Act Amendment Bill 2023 and the Pakistan Official Secret Act Amendment Bill 2023 that was aimed at removing legal restrictions in the path of civilians’ trials in the military courts.
Historically, the military leadership and the PDM coalition government were determined to prosecute the May 9 rioters through the military courts as the heinous acts of vandalism targeted military installations and sabotaged the martyrs’ memorials which flared nationwide condemnation and outrage in the masses. Although, the coalition government, the military and a majority of the public demanded an exemplary and stern punishment for self-claimed fake nationalists who wage war against the military and invaded the state but the apex courts annulled the parliamentary legislation declaring it extra-constitutional and contrary to the law.
Presently, a few Senators from the former PDM coalition are attempting to resuscitate the issue of Military courts to garner support from the military establishment ahead of crucial polls in the country. In fact, the parliament has played its due role by formulating its intended legislation that had been declared null and void by the court and a review process will also be completed in due course of time. Hence, adopting politically motivated and controversial legislation is nothing but pressure tactics and point-scoring efforts on the part of self-elected lawmakers.
At the helm of prevailing confusion and ambiguity, the competing political groups are persistently attempting to involve the military in political affairs in the garb of patriotism and pro-military sloganeering. Historically, selfish politics and the theory of necessity have always proved to be disastrous for the country. The military establishment has opted to assume an apolitical role in the national affairs therefore the selfish politicians should not drag the military in their inter-patry tussle and political wrangling. Hence, the incumbent government, parliament and the military must use all available potential and legal resources to inflict optimum punishment on May 9 rioters under the existing law so no culprits ever dare to malign or sabotage our national institutions in the future.
