ISLAMABAD: The military authorities are contemplating transferring the cases of all suspected terrorists arrested over a period of time to the federal government in case military courts are not given another extension through constitutional amendment.

In case of the transfer of these cases to the federal government, they may be assigned to the sessions courts or antiterrorism courts, legal experts believe.

The military courts set up under the National Action Plan (NAP) in 2015 to try civilians on terrorism charges ceased to function after their second two-year constitutional term expired at the end of March.

Director legal of the defence ministry Brigadier Falak Naz had, in response to a petition seeking release of under-trial accused Abdullah Saleh, submitted to the Lahore High Court a report stating that the accused was being tried by a military court and his case was pending as the authorities were awaiting further extension in the tenure of the military courts. The report further states: “However, in case of non-extension of military courts by parliament, his case for trial along with other accused will be at the disposal of the federal government for appropriate disposal.”

Second two-year constitutional term of military courts set up under NAP in 2015 expired in March this year

Abdullah Saleh is the son of retired Major Mohammad Saleh who has challenged the arrest of his son, saying he has been in the custody of secret agencies since Aug 28, 2016.

Brigadier Naz informed the court that Abdullah Saleh was allegedly involved in terrorist activities and his case was processed for trial under the military court. “Presently, his case with other cases is pending, subject to further extension of military courts.”

According to former officer of the military’s legal branch retired Lt Col Inam-ur-Rahim, in case these cases are transferred to the federal government, these will be given to the sessions courts or antiterrorism courts of the respective provinces.

Minister for Law and Justice Dr Farogh Nasim, when asked about the fate of pending cases in the military courts, told Dawn that it was a complicated issue and it needed some legal interpretation.

When he was reminded that after the antiterrorism law — Protection of Pakistan Act (PoPA) — had lapsed, the cases registered under PoPA were transferred to antiterrorism courts, he said PoPA was a different law and it could not be compared with the amendment to the Pakistan Army Act that empowered the military courts to try terrorists.

Though there are no official statistics available about military court cases, Defence Minister Pervez Khattak, in response to a question raised by MNA Mohsin Dawar, had informed the lower house of parliament in November last year that the military courts had to decide 185 terrorism-related cases before the expiry of their two-year term in March this year.

The minister had said that since the launch of the Zarb-i-Azb operation, the interior ministry had referred a total of 717 cases to the military courts. Of the total cases, 185 were still under process and these had to be decided by March 30, he added. The minister had said a total of 478 cases had been decided by the military courts, which meant that the conviction rate of the cases was more than 60 per cent.

Mr Khattak had said that 284 convicts had been awarded death sentences and 56 of them had been executed. Similarly, he added, 192 convicts had been awarded rigorous imprisonment, two accused acquitted and 54 cases dropped due to technical reasons.

The Pakistan Tehreek-i-Insaf (PTI) government, which has already decided in principle to give another extension to the military courts for two more years, is still struggling to seek cooperation of the opposition parties over the issue as it does not have the required two-thirds majority in any of the two houses of parliament to carry out the constitutional amendment for the purpose.

The Pakistan Muslim League-Nawaz seems to be willing for the extension of the military courts, but it wanted the PTI government to convince the opposition on this issue.

PML-N Senator Pervaiz Rashid blamed the PTI for the expiry of the military courts and delay in their revival. Talking to Dawn, he said that in this case the PML-N was ready to support the bill for the extension of the military courts, but it appeared that “complainant is lazy and witness is active” in the current situation.

“We asked the government to formally engage the opposition in discussion on the revival of the military courts, but the PTI leadership seems not interested as they did not contact Nawaz Sharif or Shahbaz Sharif,” he added.

Giving the background of establishment of the military courts, Mr Rashid said that after the Army Public School massacre in 2014, the then government had introduced a bill empowering the military courts to try terrorists and then prime minister Nawaz Sharif had invited opposition parties, including the PTI, to the PM House to win their support on the bill. “Such political vision is not being seen at present,” he said.

Published in Dawn, May 2nd, 2019