Special Courts, Compulsion, not Choice
Raising ifs and buts in constituting special courts for trial of terrorism cases is just mental bankruptcy of pseudo intellectuals.
The question is, why army is called upon in every odd time every now and then? Because there is already an explicit article 245 in constitution, whereunder Pak Armed Forces ought to be called upon in aid of civil power whenever it is seen beyond the capacity of ordinary civil institutions to cope with the situation, it may be rebellion of floods, trembling of earth or failure of civilian institution(s).
And above all whether we are not at war for the last 12 years. The Article is as under:
“245. Functions of Armed Forces.− (1) The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.
(2) The validity of any direction issued by the Federal Government under clause (1) shall not be called in question in any court.
(3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245: Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.
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(4) Any proceeding in relation to an area referred to in clause (3) instituted on or after the day the Armed Forces start acting in aid of civil power and pending in any High Court shall remain suspended for the period during which the Armed Forces are so acting”.
The number of casualty has exceeded 50000 figure and conviction rate thus far has been less than 1 percent, so does it not disclose the dismal performance of all of our civilian institutions in toto?
It is very natural, ordinary devices are meant for ordinary situation but when the circumstances are extraordinary then extraordinary measure are taken throughout the world.
Nature also has been preaching to deal with every challenge accordingly.
And it’s against nature and prudence to hunt down a full grown shark by ordinary device of fishing hook.
Sharks are hunted down with specially designed strong devices.
Beasts can’t be beaten by babies.
Wolves can’t be involved by going with a sling.
Crocodiles can’t be contained in parrot’s cages. One must have iron nails that scratches a bear.
aftab alam advocate High Court
Swat