Re: ok fine, screw military courts but?
^ then you're essentially asking for a military state. Just because it's the most efficient organization doesn't mean it needs to do Everyone else's job. For terrorism cases military courts might work but the whole point is that outsiders don't know what's going on. Knowing corruption over there, military courts could get misused to settle scores and deal with intra-party warfare. And no journalist could ever investigate the case.
Extending this to civil crimes can be dangerous. Rape? What happens when rape is done by a powerful politician with military connections ?
Judiciary has to be independent of the executive arm to work. It isn't working because like everyone else the judges are taking bribes too. They are greedy not to mention inefficient and also just stupid. Some of the cases I've seen I wonder what the judge is thinking. Uneducated masses dont allow for a good jury either.
Judges with bad track records should be sacked. Training of judges improved. Constitution should be worked on so that it's easier to interpret and execute. Where laws contradict Islamic values and have inconsistencies there should be reform. Strict punishments for obvious crimes like rape should exist and proving the crime shouldn't be so onerous.
And as for millions of cases stuck - make more courts and force judges to come up with fair judgements and don't allow for uncontrolled repeals by criminals. Once assumed guilty and its that obvious then you are Effin guilty. I've seen court cases stuck in our family and the judgement is obvious. Party A did not abide by agreement already set in writing between group A and B. So party A violated contract. Stipulations of violation already in contract. So why is it hard for the judge to honor the contract?? Easy case right? Except judge knows he will get killed if he delivers the correct judgement. Or his kid would get kidnapped. You know why Taliban did not have this problem? Because their executive arm was strong. They had guns and if someone was gonna eff around they'd haul the guy off to jail and he would die. He would get his head chopped off. People actually thought twice before pulling crimes. We don't have a strong justice system because the state is too weak to set its police force on criminals and it's easier for criminals to hide and escape.
So who wins? Honest judge or the thugs that get hired by Party A to rip apart judge if he doesn't deliver a corrupt verdict or delay a case? The thugs. Because the executive branch won't put these people away and execute them.
I'm glad they reinstated the death penalty. Honestly that is something these goons and thugs need - it's the only thing that might deter some of them.
As if Pakistan isn't a defacto military state already?
Military is called in to do basic rescue work for earthquake to annual floods, set up relief camps for famine hit areas, run a long war in FATA, take care of IDPs, guard government buildings, deal with separatists, do operation clean up in Karachi, order a filing of an FIR for 17 murders and shooting, resolve political disputes, manage foreign policy and exit strategies. While military is doing all these things in so what if they're also running military courts to hang terrorist?
Military courts is a much needed and well deserved slap on the faces of those who were crying about civilian supremacy, supremacy of Pakistani laws and civilian courts, strengthening of institutions, democracy, constitution and keeping army in the barracks just few weeks ago when it suited their agenda. Of course, there was an option of building new special courts for secret trials or military taking control of witness protection or court's or judges security. There are hundred and one proposals to improve the existing judicial system in Pakistan. Secret terror trials are carried out everyday in Old Bailey, Pakistan also had this option but truth to be told, it is actually not in many Pakistanis' interest to put up a belligerent fight to transform the existing system. In simple terms, Military courts is yet another military experiment in the country and if it works, it works and Pakistan wins. If it doesn't, then let's all go back to ranting about democracy and supremacy of civilian institutions and blame military for every ill in the society. Fairweather have nothing to lose. Today the army is the ultimate saviour for them, tomorrow the same army will be pinned as the biggest enemy of the state.
Coming of military courts is such in your face 'when there is a will, there's a way message from the military to politicians. Unfortunately, politicians don't have that kind of will to kick start the system to let it run properly, nor anyone expects them to have that will. They just get the periodic 'popular vote' to simply rule the country in the name of democracy. It is so sad to see that people are more than happy to be absolutely intellectually paralysed by this defeatist rubbish that 'our system cannot be fixed so either shut up or put up with it'. It is height embarrassment and utter failure of judiciary that pathetic Supreme Court was sitting idle watching tamasha whilst the country was in the middle of profound political crisis and on a verge of civil war, yet it took COAS to come out and say dear politicians, stop fighting and go home. I will make sure your FIR for 17 murders is filed and I will also make sure your request for proper investigation into electoral rigging is conducted transparently, and we the soldiers will ensure that transparency of a completely civilian matter. What else was needed to pronounce the sheer incompetency of SC in such manner? In most civilised countries, judiciary is one of the pillars of the state. It keeps the government in check. Pakistan doesn't have that option. Forget about stetting up county tribunals to hear hearings on parking ticket fines, here judiciary cannot even be trusted to execute hard core terrorists who have killed hundreds of people.
So let the military courts come and let them be successful. Let them run speedy trials, provide quick justice and clear this mess so average Pakistani on the street can finally know what the real courts and justice should look like, so they can start demanding that from civilian courts. if military court can carry out speedy trials to punish terrorist, then why can't civilian courts do the same to punish murderers and rapists? Let people question that. Politicians aren't going to provide reformed judiciary on platter. Why would they?