Military Courts ?
Ashraf Asmi
Advocate High Court
Nation of Pakistan is in acute pain in its soul, as the army
Public School, incident has acute effects on the nervous. But as it is common
practice when any incident took place, rulers become active, try for the action
according to the situation, and then remain salient. Is it the destiny of the
nation as a whole, even whole political force joined hands just after the
incident of army public school? The meeting which was chaired by PM and whole
political force and COAS.The Message of unity was given by the Civil & Military
Establishment. But now the ball is in the court of Political Forces. Now it is
the main issue there should be military court to proceed the cases of
Terrorist’s. whole nation knows that our judicial system is not delivering.
Pakistani Society was created in the name of peace & prosperity. The Whole
Muslims of India
were behind in this movement. Even the minorities, those are now living in Pakistan also contributed in the struggle of Pakistan. The
founder of Pakistan
was not a lay man, he was a noble Lawyer. He always supported the rule of law.
When Pakistan
was created, it was decided that there would be rule of law in the society.
Muhammad Ali Jinah was a true
nationalist, He dedicated his whole life for the creation of a separate
homeland. The objectivity of the creation of Pakistan was not fulfilled. Every
nation has some liabilities, to discharge of the liability is not a duty of a
person and a group of persons. The whole nation could not play its role.
It is not the failure of the nation only but fact is that the nation has
been hijacked by few lords. So the decision of the destiny was only by a group of Lords. It is clear cut fact that
Pakistani nation could not become owner of its own fate. So there has been started the game of power.
Even the political leaders were not genuine , they became leaders only because
of money and their undue pressure on the people of rural areas. So after the death
of the great Pakistani founder Muhammad Ali Jinnah, from the day one , Govt formed by the Pakistani
establishment was not democratic, Now
the condition is that, there is no political and social stability. People of
all walks of life are disturb , Even there is no justice in any field of society.
No Doubt there is satisfactory role of High Courts & Supreme Court, but the
reality is that there is nothing because of our very poor and weak prosecution system.
When there is no proper Prosecution system is adopted, the cases are not
properly adjudicated so the judiciary has to blame for long process. As a practicing
Lawyer, it is my honest opinion that role of courts are not properly executed
because of the delaying tactics adopted by the Prosecution department. As
prosecution department is not supervised by judiciary, it is run by govt, so
there are lot of problems arises because
of nepotism, bribery, and inefficient officials. The result is that, system of
judiciary is considered inefficient.Miltary courts will be headed by the Military
Officials. We have no second opinion about the speedy trial done by the
Military courts, but thing is that determination of the accused is not the job
of a military officials. As common person knows only practicing lawyers can
become a good judge or a lawyer who joined judiciary as a civil or additional
judge as a career. But how is it possible without spending time in the judicial
process, a person can be come a judge. our Military establishment is the core
protector of the Pakistan,
but without proper practicing how can be a military official can be work as a judge. The vision, approach, practice
is main thing in the profession of judge. Without having practices, no body can
become judge even he has PhD degree in law. Just knowing the law is not the
solution, real thing is that, the judge should have grasp over the whole
process. But even then if govt feels that due to its weaknesses or less control
on administration, may form special courts headed by military officials for a
specific short term. Now the law professionals have different opinion, a school
of thought has view that there is no
need of any amendment in the constitution to form military courts, But other
school of thought has view that there should be amendment in the constitution
and there is also a voice being raised by the legal fraternity against the
setup of military officials. They considered that military courts are not able
to proceed the cases of high treason, which is right and liability of Judiciary
.Judiciary is also an active part of the
state. The three argons of the state, Judiciary, Parliament and executive
should kept in his mind, the present
situation is not the normal situation, we are in a war, so it is duty of these
three argons to take decision about the military courts for the best interest
of the country. If this country survives then we can survives. We are nothing
without this country. In the emergency conditions , some times , extra ordinary
steps are necessary.
………………………………………………
Writer is practicing Lawyer
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