I personally do not support these courts but considering the judiciary’s record in present scenario do we have any other choice?
To completely overhaul the judicial system is time consuming and needs a lot of political will from the civilians which is not forthcoming.
Re: Military courts
We have no choice.
The alternative is to invade FATA with full force and build a wall on Pak-Afghan border. Both of these measures, though practical need a lot of support from inside and outside.
Nobody in the country have balls to act on such an out of the box plan of action.
Re: Military courts
military courts must be reserved ONLY for military personnel's court-marshal...civilian trials must never happen there.
NS has a very ambitious and optimistic list of measures to take against terrorists and terrorism which looks good but, if these plans are not implemented, it's not worth the paper it's written on. i hope these good measures will not end up in the drawers of NS.
Re: Military courts
In the absense of punishment meted out to terrorists the extra judicial killing and dumping has increased. Not a single terrorist has been punished by courts, although not recommended but still better than what we had in place during the past decade. Another interesting thing is that the most vocal against this arrangement obviously didn’t have any issue with drone strikes which were far worse.
How the reluctant were brought round - Pakistan - DAWN.COM
Re: Military courts
i think there is no substitute of civil courts. it's performance must be enhanced and the ailing system revamped. i'm afraid the military court solution will result in speedy but faulty trial and judgement. i'm not worried about a few terrorists are hanged, i'm gravely concerned with the possibility of hasty trials, faulty judgement and swift hanging of innocent people. they don't have another chance once they are hanged.
government must tread the uncharted path with caution and responsibility. tm, looks like NS is dumping ALL decisions and actions on the army which are his calls to make. this isn't democracy!
Re: Military courts
I personally do not support these courts but considering the judiciary's record in present scenario do we have any other choice?
To completely overhaul the judicial system is time consuming and needs a lot of political will from the civilians which is not forthcoming.
Isn't this violation of constitution of Pakistan? Dumb arse pahjay ka paya has no brains to understand this. There should be no military courts at all to try civilian cases. This is infringement on civilian democratic government. No where in the civilized country practice such draconian justice system.
Re: Military courts
i think there is no replacement of civil courts. it's performance must be enhanced and the ailing system revamped. i;m afraid the military court solution will result in speedy but faulty trial and judgement. i'm not worried about a few terrorists are hanged, i'm gravely concerned with the possibility of hasty trials, faulty judgement and swift hanging of innocent people. they don't have another chance once they are hanged.
government must tread the uncharted path with caution and responsibility. tm, looks like NS is dumping ALL decisions and actions on the army which are his calls to make. this isn't democracy!
To hell with democracy, we need to save the lives of the innocent citizens first, democracy is the last consideration in desperate situations. Civil government and civil court do not have the wherewithal to deal with this desperate situation.
Desperate situations need drastic measures. It was not a unilateral decision by NS it was unanimous decision by all parties. In Pakistan unanimous decisions by political parities are a rarity. This fact that all political parities agreed to this 20 point agenda is proof enough that the situation is dire and we need such drastic measure to deal with current situation. Only those on the ground in Pakistan know the ground realities. An outsider can just provide an idealistic view and solution. We do not need an idealistic solution to the problem at hand we need practical and firm plan of action.
Re: Military courts
Isn't this violation of constitution of Pakistan? Dumb arse pahjay ka paya has no brains to understand this. There should be no military courts at all to try civilian cases. This is infringement on civilian democratic government. No where in the civilized country practice such draconian justice system.
Constitution is a piece of paper, it can always be retyped and amended if situation demands it. All the parties are on board with amending the constitution if needed. USA is still dealing with their terror threats via special courts.
Re: Military courts
It has emerged that not only JI and MMA but also MQM, ANP and PPP opposed the setting up of military courts. MQM opposed the decision throughout the meeting. Even PTI initially had reservations.
**COAS assures politicians that the courts will take cases of only “jet black terrorists” even after approval of the govt.
****How the reluctant were brought round
**
Re: Military courts
Dawn Editorial:**
THAT these are trying times was fully evidenced by the presence on Wednesday of all the political parties around the table for an emergency discussion on the ways to deal with the monster of terrorism.
Ultimately, it seems, they were required to be there to endorse the setting up of special courts to be headed by military officials. Some of the parties present agreed with the idea readily. Others took their time, but in the end were made to see ‘reason’ and agree to a controversial mode of ‘speedy justice’.
Also read: How the reluctant were brought round
True, the civilian justice system is flawed and tardy in the dispensation of justice. But what will military courts achieve, given the increasing possibility of miscarriage of justice that experience has shown they bring with them? They not only encroach on the civilian domain of justice, they often render it redundant.
The Supreme Court judges had also assembled in Islamabad on Wednesday to discuss ways of streamlining the trial proceedings and meet the demand for expeditious justice. But by the end of the day it was clear that their effort was deemed insufficient for dealing with terrorism if not altogether irrelevant.
Notwithstanding the unusual circumstances and the justifications that have been given for the military courts, this was not a happy sight. It was not a happy sign for those who had been pursuing the cause of an independent judiciary.
It was the confirmation of the worst fears of those who have been accusing the governments of neglecting the job of building upon the free-judiciary theme to a point where the judges could be fully empowered. In what could lead to greater complications, these civilian courts may now be asked to adjudicate on the validity of the military courts.
A few politicians at the meeting in which the consensus on setting up the special courts was reached did express their reservations, but apparently that was more out of ritual. It was clear that the army leadership which was also present was not going to settle for anything less than military courts.
Some of the politicians were keen on making an impact on the proceedings, and they insisted on a time frame for the law. The emphasis was not needed since everyone knew that the military courts would come with a time frame. Then apprehensions were expressed about the possible misuse of the law against political workers — whereas there should have been concern about it being used against people in general above political affiliations.
The politicians were there not in the interest of the parties, but to give their feedback on how the superimposing of the military over the civilian will by and large affect the system that they have a responsibility to run and improve. Back in the comfort of their camps, they should be asking themselves whether they fulfilled this responsibility.
Re: Military courts
Constitution is a piece of paper, it can always be retyped and amended if situation demands it. All the parties are on board with amending the constitution if needed. USA is still dealing with their terror threats via special courts.
if that's the case as you described above and in your previous post in reply to my post then an "Emergency" should be declared and let the rights be suspended for a period of time OR, as suggested by some in certain political camps, let the military take over for a specific time. as you said, constitution is just a piece of paper which can be retyped easily then why worry about unconstitutional take over of the government by the army to satisfy the need of the hour OR simply declare Emergency and diddolve constitutional right.
i think the government should quickly passed constitutional amendments before he does anything else...it will be an easy task because all parties are on board on this.
Re: Military courts
I personally do not support these courts but considering the judiciary's record in present scenario do we have any other choice?
To completely overhaul the judicial system is time consuming and needs a lot of political will from the civilians which is not forthcoming.
There is potential for abuse, but with proper oversight MCs should be used for harden terrorists. Also, this law will have sunset clause and would be in limited use for 2 years only.
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If only iftikhar chaudhary had worked on improving the working of the courts instead of cosmetic suomotos the situation would have been different. At the moment we have no other choice, the parliament should over see the proceedings though to avoid miscarriage of Justice.
Re: Military courts
but in the end they all agreed …and that is what matters. it is not nawaz decision. every political party signed the declaration and they need to stand behind it.
Re: Military courts
yeh sab waqti siyaasii gahmaa gahmii hai...politicians will NOT do anything save big talks and grand plans...if anyone will do anything it's gonna be the army...like it or not!
politicians will sit back, relax and take the army for a ride.
Re: Military courts
I can not favor the concept of military courts . In long run this will go for a negative impact . The hidden and open supporters of Taliban can easily claim of injustice and 'Zulm". We can make more speedy trial courts directly protected by army .
Re: Military courts
Military Courts decision challenged in Supreme Court
Re: Military courts
More
Decision to set up military courts undermines judiciary: HRCPHRCP expresses serious alarm over the decision to set up military courts to .…
It can happen there
عمران خان اور طاہرالقادری کیخلاف دہشت گردی ایکٹ کے تحت مقدمات کا ٹرائل بھی فوجی عدالتوں میں ہی ہوگا‘ ذرائع](http://qudrat.com.pk/pakistan/26-Dec-2014/48009)26 دسمبر 2014[RIGHT]اسلام آباد(قدرت نیوز) حکومت فوجی عدالتوں کے قیام کیساتھ ہی دہشت گردی ایکٹ کے تحت عمران خان اور پروفیسر ڈاکٹر طاہرالقادری کیخلاف درج مقدمات کا ٹرائل بھی شروع کردے گی۔ …[/RIGHT]
Re: Military courts
I have a question why not? I keep hearing *****ing with no concrete action. So all of you who don't want military courts please explain why.
Legal, political and whatever reason. But provide some reasons.
Re: Military courts
Constitution is a piece of paper, it can always be retyped and amended if situation demands it. All the parties are on board with amending the constitution if needed. USA is still dealing with their terror threats via special courts.
This is the wording of mardood general what Pakistan is today due to his policies of working for CIA. There is difference between special courts working under constitution and military courts working out of rule of law and constitution to try civilian cases.
Do you think in past marshal laws, the military courts ran by captains and majors were not looting civilians to black mail them in false cases? You are living in fools paradise.