No govt-opposition interaction on extending military courts’ duration

Islamabad : There has been no movement forward on getting the parliamentary approval for a constitutional amendment seeking extension of the tenure of the military courts to try civilian terrorists even two months after its expiration.

“Several weeks back, we were told by the government side that it will approach us for discussion on the proposed constitutional amendment for its passage in the parliament, but there has been no communication to the effect,” former speaker and chief opposition negotiator Sardar Ayaz Sadiq told The News.

When contacted by this correspondent, Pakistan Tehreek-e-Insaf (PTI) leader Sadaqat Abbasi said that the government could not resume talks with the opposition on this amendment because of its engagement with the dangerous Indo-Pak situation. “We will be in touch with the opposition for unanimous parliamentary passage of the amendment.”

He said it was clear that the government wants extension of the military courts. He believed that the Pakistan Muslim League-Nawaz (PML-N) was unlikely to have any objection to it because its government had first enacted this legislation in view of the menace of terrorism. “The amendment is for a national cause which is a non-partisan issue.”

The amendment first unanimously sailed through parliament in January 2015 in the wake of the terroristic catastrophe that struck the Army Public School Peshawar in December 2014. In the first instance, the military courts were created for two years. On the expiration of this period, their operations were extended by another two years. On March 30, 2017, the president of Pakistan assented the 23rd constitutional bill earlier passed by the legislature, which came into operation on the following day with effective from seventh January.

The amendment said that it shall come into force at once and shall be deemed to have taken effect on Jan 7, 2017. Its provisions shall remain in force for a period of two years from the date of its commencement and shall stand repealed on the expiry of this period. Thus, the amendment became nonoperational on Jan 7 this year.

When pointed out that the PML-N may not have any objection to further extension of the military courts, Ayaz Sadiq said there were two clear opinions in the party. One set says the PML-N should not oppose further functioning of these courts because they were introduced by its government. The other view is that the extension should be rejected stressing that in the last four years of the military courts' operations there has been no improvement, whatsoever, in the criminal justice system, he said.

However, the PML-N President and leader of the opposition in the National Assembly, Shahbaz Sharif, has indicated that they were not against the extension of the military courts. The government too has been keen to have these courts in place for more time so that the remaining terrorists, who are arrested, should be given the punishment they deserved.

Ayaz Sadiq said that the opposition parties will present their opinion on the constitutional amendment when it will be discussed by the government with their representatives.

The Pakistan People’s Party (PPP), an important component of the opposition grouping, has made known its strong aversion to the amendment. However, it twice supported the amendment in the past. The PML-N wants to take the PPP along so that they come out with a joint stand.

The former speaker said that the government had committed that it would present to the opposition the draft of every bill before introducing it in parliament. “We are yet to receive any such document relating to any matter which brings us to the conclusion that there is no official legislation that is being planned.”

Ayaz Sadiq said that the bill relating to the increase of judges in the Islamabad High Court (IHC) was got approved by the government from the National Assembly on January 26, but it would not sail through the Senate because the opposition parties have serious objections to it.

Once, the Upper House of Parliament inserts any change in the bill, it will create complications in its approval as it will have to be sent back to the National Assembly.

The former speaker said the opposition parties want that the number of judges in all the other four high courts and not only in the IHC should be simultaneously enhanced because the justices have to be in proportion to the workload.

He said that the government has to understand that it can’t do any kind of legislation without taking the opposition parties on board, and it is in no position to bulldoze any legislative piece through parliament. But unfortunately, he believed, it does not comprehend this fact.

Ayaz Sadiq said the government had promised to thoroughly examine the National Accountability Ordinance (NAO) so as to make amendments, recommended by the superior courts and those proposed by the government. But since long there has been no talk about it as well, he added.