A question mark on judicial system

Again the government is getting prepared to extend the military courts’ tenure for at least two more years putting question mark on the country’s judicial system’s performance. The PTI having an explicit reforms-based governance and legislative agenda has signalled that it will consult with the opposition to reach the necessary numbers in parliament to approve another constitutional amendment to extend the life of military courts.

It raises questions over the efforts being made to increase the lower courts’ capacity to administer criminal justice.

Soon after the December 2014 attack on the Army Public School in Peshawar, military courts were given the power to try cases related to terrorism. The APS attack had claimed the lives of nearly 150 people, mainly school kids. The argument in favour was that the culprits, and other terrorists, should feel the wrath of the state in a legal and expeditious manner. The arguments against included the broad mandate, the lower bar for conviction, and the differences in civilian and military law.

So far, over 600 accused have been convicted by the military courts while only four were acquitted of the charges.

In 2017, some opposition parties and even ruling coalition allies had opposed the first extension in the tenure of the military courts. It remains to be seen whether those parties — some of which are now in power — will oppose the move this time around.

The state has responsibilities to all its citizens, even criminals, and it is absolving itself of them by just changing bandages instead of performing a necessary surgery. Sending a few terrorists to the gallows may be easier than educating millions of people to wean them off extremist ideology.

The incoming Supreme Court chief justice is highly regarded as one of the best criminal law justices in the country. Verily, then, now is the time for parliament along with the judicial institution and other relevant bodies to take up the matter of criminal law reform in the country.

Military-court trials for civilians accused of terrorism were justified on the basis of a national emergency and a need to have an instrument to punish the very worst terrorists captured by the state. But the Army Public School attack, in the wake of which military courts were activated, occurred more than four years ago. Unquestionably, the security situation in the country today is much improved.

Now, the authorities should fix the criminal justice system instead of extending the life of military courts.