Government shares draft bill on military courts

The government on Thursday shared a draft of constitutional amendment bill with opposition political parties, seeking another three-year extension for the military courts to try "jet-black" terrorists owing to an "extraordinary" situation and grave threats to national security and integrity of Pakistan.
The draft constitutional amendment bill was shared with the opposition political parties during a meeting chaired by Speaker National Assembly Ayaz Sadiq, which was attended by parliamentary leaders of all the political parties in National Assembly.
The opposition parties, however, sought time to take the respective parties' leadership into confidence on the draft constitutional amendment and they will give a response to the government in next meeting on February 27.
Pakistan People's Party Parliamentarians (PPPP), however, rejected the draft constitutional amendment bill, linking it with other pending legislations such as introducing judicial reforms before agreeing on any draft to give another three-year extension.
The opposition parties also demanded that it needs to evolve a consensus on the definition of terrorism and identification of the "jet-black" terrorist.
Briefing journalists after the meeting, Speaker National Assembly said that a subcommittee has been formed with members including Law Minister Zahid Hamid, PTI's Shireen Mazari, PPPP's Shazia Marri and MQM's SM Iqbal Qadri which would discuss the draft bill on February 22.
He said the parties' parliamentary leaders would discuss the draft with their respective party leadership prior to another meeting on February 27.
To a question, he said no consensus on giving extension in functioning of the in military courts has been reached at this stage, adding discussions were under way. According to him, the February 27 meeting will be the final meeting to reach a consensus.
PPPP's Naveed Qamar said his party rejects the initial draft constitutional amendment, adding no consensus can be reached unless the government shows progress on other legislations like bringing judicial reforms which was promised two years back when the military courts were given the task to try hardcore terrorists.
He further said it also needs to define the term "terrorism", adding the term has been "unnecessarily" broadened which will not be acceptable to them. However, he said he would bring the draft before the party's leadership and will give a final response accordingly.
PTI's Shah Mehmood Qureshi said that National Security Adviser Lt Gen Nasir Janjua (retd) briefed the meeting on the overall security situation of the country, including the progress on the National Action Plan (NAP) and the areas where there is still need to do work and the way forward.
He said that in five sittings, most of the reservations of the opposition parties have already been addressed but there has been no consensus on the draft legislation which would be discussed with the parties' leadership.
He said the government needs to give a guarantee that it would bring the judicial reforms, like strengthening of anti-terrorism laws, and protection to judges, witnesses and prosecution with in a specific time-frame. According to him, giving another extension to military courts is no permanent solution to the problem.
To a question whether the opposition wants to call an All-Party Conference (APC) in this regard, he said that Finance Minister Ishaq Dar has told the meeting that it does not need to call an APC if consensus is developed at this forum.
Qaumi Wattan Party Chairman Aftab Ahmed Khan Sherpao said the opposition does not have any reservations but has sought some additional information with respect to the progress on the NAP and other related issues.
He said the government needs to ensure implementation on the NAP and other measures which are required to be taken with a view to ending dependency on military courts.
ANP's Ghulam Ahmad Bilour said it is not fair to either reject or accept the draft legislation, adding it is just a draft and it can be amended accordingly after consultation with respective parties' leadership.
The draft bill says: "Further to amend the Constitution of the Islamic Republic of Pakistan, hereinafter referred to as the Constitution: Whereas the Constitution (Twenty-first Amendment) Act, 2015 (1 of 2015) came into force on the 7th January, 2015 and stands repealed on the expiration of two years on 6th January, 2017;
"And whereas the Constitution (Twenty-first Amendment) Act, 2015(I of 2015) has yielded positive results in the fight against terrorism;
"And whereas an extraordinary situation and circumstances still exist constituting grave threat to the security and integrity of Pakistan from various terrorist groups;
"And whereas it is in the national interest to continue the special measures for speedy trial of certain offences relating to terrorism adopted in pursuance of the Constitution (Twenty-first Amendment) Act, 2015 for a further period of three years."
It is hereby enacted as follows:
1. Short title and commencement. (1) This Act may be called the Constitution (.....Amendment) Act, 2017.
(2) It shall come into force at once and shall be deemed to have taken effect on and from the 07th January, 2017.
(3) The provisions of this Amendment Act shall remain in force for a period of three years from the date of its commencement and shall cease to form part of the Constitution and shall stand repealed on the expiration of the said period."
Amendment of Article 175 of the Constitution: In the Constitution of the Islamic Republic of Pakistan, in Article 175, in clause (3), for the full-stop, at the end colon, shall be substituted and thereafter the following proviso shall be inserted, namely.
"Provided that the provisions of this Article shall have no application to the trial of persons under any of the Acts mentioned at serial No. 6, 7, 8 and 9 of sub-part III of Part I of the First Schedule, who claim, or are known, to belong to any terrorist group or organisation."
"Amendment of First Schedule of the Constitution: In the Constitution, in the First Schedule, in sub-part III of Par I, after entry 5, the following new entries shall be added, namely.
"6. The Pakistan Army Act, 1952 (XXXIX of 1952).
7. The Pakistan Air Force Act, 1953 (VI of 1953).
8. The Pakistan Navy Ordinance, 1961 (XXXV of 1961).
9. The Anti-terrorism Act, 1997 (XXVII of 1997)."