Senate passes resolution against SC ruling on military courts

ISLAMABAD: The Senate has passed a resolution against the Supreme Court’s (SC) ruling on the military courts and urged to hold trials of ‘terrorists in the military courts’, ARY News reported on Monday.

The resolution was tabled by an independent Senator Dilawar Khan during the Senate session. Pakistan People’s Party (PPP) Senator Raza Rabbani and Jamaat-e-Islami (JI) Senator Mushtaq Ahmed Khan opposed the resolution.

The resolution urged to hold trials of ‘terrorists’ in the military courts and termed the SC ruling against the legislation approved by the Parliament.

“Resonating the concerns and sentiments expressed by various stakeholders in particular and public in general, regarding the recent judgement of the Supreme Court that declared Section 2(D)(1) & 59(4) of the Army Act unconstitutional,” the resolution read.

It further stated, “Prima facie an attempt has been made to rewrite the law by impinging upon the legislative authority of the Parliament.”

“Reiterating that the trial of those accused of violence against the armed forces under the Army Act is an appropriate and proportional response in line with Pakistan’s existing constitutional framework and statutory regime.”

Urging military trials of accused, Senator Dilawar Khan’s resolution stated that the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts.”

It stated that the absence of military court trial is likely to encourage those responsible for acts of terrorism due to lack of stringent justice in regular courts.

Backing the military trials, it added, “Military courts have played a significant role in addressing terrorism by ensuring that those responsible for terrorist acts are brought to justice.”

The senator pointed out in his resolution, “However, this judge while abandoning the spirit of martyrdom, grants lenient option to terrorists, anti-state actors, foreign agents, and spies to be tried in normal courts.”

It stated, “The apex court has been taken into consideration the existing procedures which make it abundantly clear that the sentence given by Military Courts are not arbitrary and are conducted following due process and formalities.”

“The provisions of the Army Act and underlying procedures ensure that the right to a fair trial under Article 10A of the Constitution is not violated.”

It demanded trials of culprits behind May 9 riots in military courts for attacking defence intallations and disgracefully dismantling memorials of martyrs. The culprits of May 9 riots deserve no empathy or leniency and stringent punishments should be given to them to set an example for internal and external enemies of Pakistan.

The resolution demanded the Supreme Court to reconsider its decision, ‘urging alignment with the national security paradigm and sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgement on the security and stability of the nation.”

The Senate session was adjourned till Tuesday, 10:30 am.

On October 23, the Supreme Court (SC) had declared the military trial of civilians ‘unconstitutional’.

The Supreme Court (SC) announced its verdict by 4-1. The PTI chairman and others moved the top court challenging the military trial of civilians named in the May 9 riots triggered by the arrest of Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan in the Al-Qadir Trust case.