ISLAMABAD - Enforcement of article 245 of the constitution in the federal capital to thwart Pakistan Tehreek-e-Insaf's Azadi March definitely enjoys consent of army high command that the government has obtained in exchange for assurance to establish military courts in Federally Administered Tribal Areas (FATA).
The sources confided to The Nation that Federal Interior Minister Chaudhry Nisar Ali Khan's statement that the decision of imposing article 245 in Islamabad was made at the time of launching operation Zarb-e-Azb in North Waziristan is true because the government keeping in mind the long marches of PTI and Pakistan Awami Tehrik made this deal with the army.
During the war on terror in the country, which started after the 9/11 episode, the Armed Forces have lost a number of officers and soldiers in the terrorist attacks but no militant has been sentenced so far despite solid evidence of his/her involvement in blasts and attacks had been produced in the courts.
Eleven persons were arrested in cases of Pervez Musharraf's plane attack, suicide attacks on former President Musharraf, and plans to hit Parliament House and Army House with missiles. They were tried in anti-terrorist court, Rawalpindi, but ultimately they were released and after their acquittal they allegedly went to tribal areas and again joined the militants. The forces arrested them again and kept them in the internment centres in FATA.
Even if the courts award death sentences to any terrorist, he/she could not be executed due to the pressure of international community, particularly the European countries, and the jails are thronged with such prisoners.
The army time and again has expressed concerns that it arrests the terrorists but the courts acquit them and then they again launch attacks against it. Their main concern is about the trial.
Last month the Parliament passed the Protection of Pakistan Bill 2014, which after the approval of president of Pakistan became an act. This law also serves no purpose because although the armed forces, civil armed forces and the police would arrest anyone on reasonable apprehension of the commission of the terrorist crime and the investigation would also be made by a joint investigation team, yet the trial of the hardcore militants would be conducted in the courts lacking security for the judges, prosecutors, witnesses and the petitioners.
In Protection of Pakistan Act 2014, a section has been inserted for the protection of judges, counsels, public prosecutors, witnesses and persons connected with the court proceeding. The section 21 of the anti-terrorism act 1997 also provides the same but many counsels and witnesses have been killed and therefore the cases are inconclusive.
The sources said that pending cases of missing persons in the superior judiciary are greater source of concern than Musharraf high treason trial for the high command of the Armed Forces. The military courts would be required for the trial of militants arrested from the North Waziristan during the operation Zarb-e-Azb as well as those who are already detained in the internment centres in FATA.
The legal experts are of the view that the superior courts would not allow establishment of military courts in Pakistan.
Advocate Col (Retd) Inam-ur-Rahim told The Nation if the government establishes the military courts in the country then the Supreme Court in view of Dervesh Arabi and Liaquat Hussain cases would set aside it and would not permit parallel judiciary in the country.
The sources shared this was the reason that the army with the help of government wanted to establish military courts in tribal areas as the Article 247(7) limits the jurisdiction of Supreme Court of Pakistan and the High Court in Federal Administrative Tribal Areas, unless legislated by the parliament.
In April last the Peshawar High Court through a judgement has instructed the federal government to bring suitable amendments in Article 247(7) of the constitution to enable the people of FATA to invoke the jurisdiction of superior courts for obtaining their fundamental rights guaranteed in the constitution of Pakistan. Although protection is available to them under the constitution but it cannot be availed because of the bar contained in the clause 7 of article 247. "We are advising the federal government to submit a reference in the National Assembly and Senate for suitable amendments in sub-section 7 of article 247 of the constitution."
The federal government last week through attorney general office had filed an appeal in the Supreme Court against the PHC judgement, praying that PHC judgement is liable to be set aside.