Govt can invoke Article 6 to try terror suspects instead of military courts: SC

[ghazi52]

Govt can invoke Article 6 to try terror suspects instead of military courts: SC

The Supreme Court said that the federal government can invoke treason charges under Article 6 of the Pakistan Penal Code (PPC) relating to terrorism against the state instead of setting up military courts. —

ISLAMABAD: The Supreme Court on Tuesday said that the federal government can invoke treason charges under Article 6 of the Pakistan Penal Code (PPC) relating to terrorism against the state instead of trying terror suspects by military courts.

A 17-member full court bench, headed by Chief Justice Nasirul Mulk, heard petitions filed against the 18th and 21st amendments.

During the hearing, Attorney General Salman Butt continued his arguments in defence of the 21st amendment and the constitution of military courts.

He said that certain people have been brought under the ambit of military courts.

Butt said that military courts have been set up in order to speed up the trials of those accused of terrorism. As in the previous year, he said, 85 per cent of terrorism cases were left pending by civil courts.

Another member of the bench, Justice Dost Khosa, observed that the government did not demand to establish military courts during a previous Swat operation when the situation was far graver than today.

Butt contended that militants have spilled over to other areas thus demanding swifter action from the government.

The hearing of the case was subsequently adjourned until tomorrow.

Military courts were agreed upon by the political leadership under the National Action Plan (NAP) against terrorism adopted in December after the Peshawar school tragedy in which 150 students and staff lost their lives.

The Parliament later amended the Constitution and the Army Act to pave the way for the establishment of military courts for a period of two years.

The army has set up nine courts — three each in KP and Punjab, two in Sindh and one in Balochistan.

 

[VCheng]

If the constitutional amendment is found to be invalid, what will happen to the verdicts and punishments already meted out by the military courts?

 

[Dubious]

The Supreme Court said that the federal government can invoke treason charges under Article 6 of the Pakistan Penal Code (PPC) relating to terrorism against the state instead of setting up military courts. —

And congratulations we have successfully reached an absolute monarchy!

We blame you dont wanna hear another word...

Didnt know SC was soo cheap just buy them a few cars with tax money and instead of being the wafadar kutta of the people it becomes 1 for Federal govt

Military courts were agreed upon by the political leadership under the National Action Plan (NAP) against terrorism adopted in December after the Peshawar school tragedy in which 150 students and staff lost their lives.

Nice way to forget our own

 

[VCheng]

The basic problem is that the Constitution does not allow for the military to run its own parallel justice system as it encroaches on the responsibilities assigned exclusively to the judiciary, the last amendment notwithstanding. Claiming that the present system is not working does not provide the legal justification for usurping its authority, but improving it, as the military has used this excuse many times elsewhere to extend its reach further and further.

 

[salarsikander]

The basic problem is that the Constitution does not allow for the military to run its own parallel justice system as it encroaches on the responsibilities assigned exclusively to the judiciary, the last amendment notwithstanding. Claiming that the present system is not working does not provide the legal justification for usurping its authority, but improving it, as the military has used this excuse many times elsewhere to extend its reach further and further.

Hi,
But then the other problem is Govt unwillingness or judiciaires ineptness is not actually giving them any trial. The sold-out judiciary is doing its best to delay trial.

 

[VCheng]

Hi,
But then the other problem is Govt unwillingness or judiciaires ineptness is not actually giving them any trial. The sold-out judiciary is doing its best to delay trial.

Yes, that may be, but the solution is to force improvements in the judicial system, not try to replace it.

 

[salarsikander]

Yes, that may be, but the solution is to force improvements in the judicial system, not try to replace it.

Hi,
hence to speed up the process is why these courts were there.

I would rather see military courts than sold-out judiciary.

Not that i am supporting military courts, but as a citizen of PAkistan who too has suffered at the hands of terrorism, it doesn't matter who calls the shots on these barbarians, what matters these people should face the punishment either by civil courts or military.

For the past 13 years we have seen the track record of such courts

 

[VCheng]

Hi,
hence to speed up the process is why these courts were there.

Making a parallel system does nothing to improving the system proper, and hence wrong.

 

[Dubious]

but improving it,

is to force improvements in the judicial system, not try to replace it.

right......how when everything is sold off to the highest bidder? Tomorrow if Army gives some judges a jeep.....Their tongue will flow in a different direction....Welcome to Pakistani justice system sale!

Question is how? When people think their oath is a joke and go around freeing every tom dick and harry who deserves capital punishment....HOW do you drill it in their brains what justice means and remind them of their oaths?

 

[VCheng]

right......how when everything is sold off to the highest bidder? Tomorrow if Army gives some judges a jeep.....Their tongue will flow in a different direction....Welcome to Pakistani justice system sale!

Question is how? When people think their oath is a joke and go around freeing every tom dick and harry who deserves capital punishment....HOW do you drill it in their brains what justice means and remind them of their oaths?

The whole nation, including the Army, is like that. All of it. And that is why we have the mess we have, with no hope of improvement.

 

[salarsikander]

Making a parallel system does nothing to improving the system proper, and hence wrong.

Hi,

It will be "Parallel" when there is a system, right now I dont see Courts civil for that matter doing anything that was laid by constitutional power I.e providing justice

The whole nation, including the Army, is like that. All of it. And that is why we have the mess we have, with no hope of improvement.

Hi,
But that doesn't mean we just give up. We cant run away like cowards, can we now?

 

[VCheng]

Hi,

It will be "Parallel" when there is a system, right now I dont see Courts civil for that matter doing anything that was laid by constitutional power I.e providing justice

Let's see what the Supreme Court decides. After all, it is the final arbiter of law.

 

[Dubious]

The whole nation, including the Army, is like that. All of it. And that is why we have the mess we have, with no hope of improvement.

Yea but at least the military courts quicken up the capital punishments faster than keeping and feeding some criminal for decades off our tax money ...THAT much you have to give it to them.....Getting rid off some is better than grooming all of them or letting em loose?

 

[VCheng]

Hi,
But that doesn't mean we just give up. We cant run away like cowards, can we now?

Run away? Where? There is no choice for millions upon millions but to suffer. Who will allow them to run away?

 

[salarsikander]

Let's see what the Supreme Court decides. After all, it is the final arbiter of law.

Hi,
It was last Chief judge that will enjoy life-long privileges from the government.
and you know for what