ISLAMABAD: The government is considering a second extension for military courts as its two-year term will expire in March 2019.

According to a source in the interior ministry, the matter was discussed at a high-level meeting and would be deliberated upon further in the days to come. “No doubt the matter is under consideration but the matter has not been finalised,” the source told Dawn.

In case the government decides to give a second extension to the military courts, it will have to get a constitutional amendment passed from both houses of parliament.

PPP spokesman says party is opposed to supporting any move for allowing these courts to work after March

The military courts were allowed to try civilians accused of terrorism in January 2015, soon after a terrorist attack on the Army Public School in Peshawar in December 2014. In the attack, 144 people — mostly children — were killed by the banned Tehreek-i-Taliban Pakistan.

The courts were given a two-year constitutional cover as both houses of the parliament passed the 21st constitutional amendment with the inclusion of a sunset clause despite fears among lawmakers that the tribunals they were authorising would not be able to ensure due process to the suspects and might undermine democracy.

The courts remained dysfunctional from Jan 7, 2017 (due to expiry of the two-year constitutional cover) to March 2017 when the military courts were extended for another two years by the parliament amid controversy that the constitutional cover could not be given to the Military Act under which the military courts were resumed.

On Dec 13, Defence Minister Pervez Khattak informed the National Assembly that the military authorities had to decide 185 cases of terrorists in three months (till March). However, Chief of the Army Staff Gen Qamar Javed Bajwa on Friday decided 22 cases of terrorists and confirmed their death sentence.

In a written reply to a question raised by MNA Mohsin Dawar, the defence minister informed the lower house that since the launch of military operation Zarb-i-Azb the interior ministry had referred a total of 717 cases of terrorists to the military courts for trial.

Of the 717 cases, 153 were believed to be under process and had to be decided before March 2019 after which the two-year term of military courts would expire.

Mr Khattak added that a total of 478 cases had been decided which meant that the conviction rate of these cases remained more than 60 per cent. The minister said a total of 284 death sentences were awarded out of which 56 convicts had been executed.

Similarly, 192 convicts were awarded rigorous imprisonment, while two accused were acquitted and 54 cases were dropped due to technical reasons.

The minister did not respond to questions about the number of terrorists (along with their names) killed and arrested during operation Zarb-i-Azb. He said that details of militants killed and arrested in the operation would be obtained from the interior ministry.

When contacted, Pakistan Peoples Party (PPP) spokesman Farhatullah Babar said that the central executive committee of the party on Dec 26 in Naudero had adopted a unanimous resolution against extending the tenure of military courts. “PPP chairman Bilawal has also on several occasions publicly expressed reservations about military courts,” he added.

He said the military courts must also be opposed for another reason as internment centres were set up in Khyber Pakhtunkhwa (KP) and Federally Administered Tribal Areas (Fata) under “Action in Aid of Civil Power Regulation 2011”.

Talking to Dawn, Pakistan Muslim League-Nawaz (PML-N) spokesperson Marriyum Aurangzeb said she could not comment on the issue as it had so far not been discussed by the heads of her party.

Published in Dawn, December 30th, 2018