21 Jan , 2015
On 6 January 2015, the National Assembly of Pakistan approved the 21st Constitutional Amendment and Pakistan Army (Amendment) Bill 2015. The President of Pakistan, Mr Mamnoon Hussain, gave assent to the Bill a day later, making it into a law [i]. With this, law makers in Pakistan gave constitutional validity to trial of offences relating to terrorism by military courts and amendment to the Pakistan Army Act, 1952 extended the jurisdiction of military courts to try terror suspects. The Bill, to be in force for two years, was unanimously approved by all 247 members present in the House, with just two groups, the Jamaat-e-Islami (JI) and Jamiat Ulema-i-Islam-F (JUI-F) abstaining from the vote.
Repeated terror attacks across Pakistan have induced a sense of hopelessness in the country…
The Bill provides for entering the Pakistan Army Act 1952, the Pakistan Army Act 1953, the Pakistan Navy Act 1961 and the Protection of Pakistan Act, 2014 in the First Schedule of the Constitution. The First Schedule contains laws which are exempt from the operation of Article 8 (1) and (2) of the Constitution which relate to fundamental rights. As per the provisions of the 21st Amendment, the judgements delivered by the Special Courts are not open to review by either the nations High Courts or the Supreme Court. An amendment to the Pakistan Army Act 1952 also provides the federal government the power to transfer cases related to terrorism, pending in civil courts, to a military court. In such cases, it is not necessary to record evidence which has already been recorded. Activities which can be tried under the Military courts are vast and varied, including trial of those belonging to any terrorist group or organisation, waging war against the state, attacks on civil and military installations, kidnappings for ransom, possession, storage and transportation of explosives, suicide jackets and the like within or outside Pakistan. As per the statement of the objects and reasons, ‘an extraordinary situation and circumstances exist which demand special measures for speedy trial of offences relating to terrorism, waging war or insurrection against Pakistan and prevention of acts threatening the security of Pakistan’.[ii]