Qamar Bashir
Throughout Pakistan’s history, military courts have been established, dissolved, and re-established during various periods but with particular focus on security and terrorism-related concerns. The establishment of courts dates back to the British-era Indian Army Act of 1911, which was adopted by Pakistan after partition. However, Martial laws, military courts were established to try both military personnel and civilians. When Zarb-e-Azb was launched in 2014, 21st Amendment to the Constitution and Pakistan Army Act (Amendment) Ordinance, 2015 were introduced, which provided for the establishment of military courts to try individuals involved in acts of terrorism. These courts were established with a sunset class of two years to ensure swift and effective justice in terrorism cases, as the regular civilian judicial system was perceived as being slow and unable to effectively tackle the threat. Military courts tried both military personnel and civilians suspected or accused of terrorism offenses. The tenrue was extended twice in 2017 by 23rd Amendment and later in 2019 for yet for another two years.
However, Pakistan is not the only country that supports military tribunals. The military courts in Egypt, which are also known as military tribunals, have jurisdiction over both military personnel and civilians in instances involving national security, terrorism, and other offenses relating to the armed forces. Military tribunals are courts that are similar to the military courts in the United States. Israeli military tribunals are in charge of prosecuting Palestinians in the West Bank and Gaza Strip for crimes under military law as well as for offenses relating to security. Cases involving military personnel for offenses under the Russian military justice system are heard in military courts in Russia.
Underlying purpose of military courts in all cases was to try military persons and in some extreme cases the civilians. Many people are now worried that everyone who participated in the violent protests of 9th May, including students, doctors, engineers, businessmen, mothers, sisters, and wives, will be tried by military courts; however, General ® Nadeen Khalid Lodhi addressed this issue appropriately in his interview on a talk show on May 16, 2023. He said that because he had previously served as a corp commander, he was well aware that the military installation, in particular the corp commander’s home, was protected by multiple layers of security. Additionally, there are a number of intelligence agencies mandated to alert the relevant military establishment of impending danger and to take preventative action to avert any unfavorable events. He claimed that it was obvious that there had been failures on the part of the armed forces and intelligence agencies, which initially failed to notice the attack by using their sophisticated communication and interception tools , and later the security apparatus had failed to stop protesters from entering the military facilities. According to him, military courts will hold accountable all uniformed personnel who were found to have been careless, complacent and negligent in the performance of their duties. Additionally, it will carefully separate criminals who are foreign agents, militants, or terrorists from regular citizens and, if necessary, bring them before military courts.
This is a very important analysis, as all of us were concerned for those who were exercising their constitutional rights to assembly (protected by Article 16 of the Pakistani Constitution), to free speech (protected by Article 19 of the Constitution), and to freedom of expression (subject to certain restrictions imposed by law in the interest of the glory of Islam or the integrity, security, or safety of the country). In addition, Article 10 of the Constitution ensures the right to a fair trial and due process for anybody who is detained, arrested, or suspected of a crime. It encompasses the presumption of innocence, the right to a fair trial, the right to counsel, and other basic legal principles and constitutional provision and law that prohibit custodial torture and protect individuals from such acts.without resorting to custodial torture, violent or degrading acts as Article 14(2) of the Constitution states that no person shall be subjected to torture for the purpose of extracting evidence. Moreover, Section 337L of the PPC specifically criminalizes torture, stating that whoever intentionally inflicts physical or mental torture upon any person shall be punished and Torture and Custodial Death (Prevention and Punishment) Bill, 2015 which was introduced to criminalize torture and provide for the prevention and punishment of custodial deaths.
I am confident that both the armed forces and civilian law enforcing agencies will make clear distinction in a transparent and verifiable manner between the ordinary citizens who are exercising their constitutional rights and will arrest, try and punish only hardcore criminals, militants, foreign agents and terrorists and impart justice to them.
The acts of violence, whether they occur in a military or civilian institution, are abhorrent and must be strongly denounced. The people who live in harmony, uphold the law, and pay taxes are the true owners and guardians of these resources. Any effort to damage or vandalize these priceless possessions would be a disgrace to the state and the entire country. But we should not let loose the sanity and sensible behavior amid our indignation, anger, and desperation. The law-enforcing agencies are neither entitled or justified in violating the law and responding back in kind when citizens break the law. As with the violent crimes carried out by the protesters, this would undoubtedly be another unlawful conduct.
There were a lot of frightening videos, maybe real or made up on May 9. One of the videos on twitter showed an army truck unloading people wearing civilian clothing who quickly mixed with the crowd after getting off. The vehicle’s driver was warned not to commit this illegal act by an elderly woman who was on camera.The law enforcement agencies may take note of this film, and if it was false, it should be clearly explained. If it was real, the reasons for doing it must also be disclosed with the public in order to allay their worries and concerns.
Other horrific recordings showed a young female protester, apparently a university student being tortured and harassed. A disturbing interview with a young girl who was narrating her tale of horror when, according to her, someone ordered someone else to remove her clothes and make her naked was aired. In the video, a girl wearing a black burqa was lying on the floor wailing in great pain and anguish as if some of her vital organs were cut or wounded. No matter how enraged they may become, our law enforcement agencies will never subject their own sisters and brothers to such humiliation and indignation. Therefore, it is suggested that this atrocious propaganda against LEA agencies be exposed and the truth behind these made-up tales made available to the public.
Even more unsettling was the interview with the Punjab IG. He was found threatening the young graduates, doctors, and engineers, saying that since their data had been obtained, the state would not issue them character certificates, which are necessary for them to obtain admission and employment. This section of the interview has repeatedly been shown, seemingly out of context and without reference. The government narrative that trained militants, lawbreakers, hard-core terrorists, and foreign agents were the causes and perpetrators of violence has been refuted by this. The right of assembly, protest, freedom of speech, and freedom of movement, which is given to students, doctors, and engineers by the constitution, shall not be violated by harassing or intimidating them for exercising it.
We must also take a lesson from France, where violent demonstrators were only detained if there was a solid basis to believe they had done, were committing, or were about to commit a crime. A person who has been so arrested must appear before the judge within 24 hours. If the judge decides that the protester is no longer a danger to the peace or that their incarceration is no longer required, they may order their release. Alternatively, the judge may decide to hold the defendant in pre-trial detention, which may last up to four months. However, protesters are never subjected to custodial torture during this time because, according to French law, torture is a felony that carries a sentence of up to 30 years in jail. A separate statute forbids the police from stopping individuals from lawfully congregating as well.
The people and the government trust our military and civil law enforcement organizations to uphold the law, maintain law and order, and protect the public. Additionally, they are in charge of protecting the populace from dangers including crimes, violence, terrorism, and other types of harm. They might respond to crises, offer support, and take actions to safeguard the security of people and property. They resolve conflicts, control crowds during rallies or other public events, and make sure that rules and laws are followed. They collaborate closely with the legal system to prosecute alleged criminals and carry out court orders like warrants and subpoenas. Building trusting ties with the community helps them collaborate to resolve neighborhood issues and preserve productive partnerships.
Military and civilian law enforcement organizations should continue to be viewed as heroes by the people through maintaining outstanding public relations. They should take care to enhance their reputation as defenders by supporting the moral values of justice, protecting human rights, and encouraging rehabilitation. Even those who commit acts of violence should be given the opportunity to exercise their rights to a fair trial, counsel, and protection from self-incrimination. They should also be treated as innocent until proven guilty and given the chance to mount a defense. They must also make sure that everyone, including violent criminals, is treated with respect and fairness, safeguarded from torture and other cruel or inhumane treatment, and treated with dignity. The executive branch and legislatures should, on their part, make sure that punishment is commensurate with the seriousness of the offense, strike a balance between responsibility for the harm caused and opportunities for reform and reintegration, and, above all, address the root causes of violence by putting in place preventive measures that may include funding social programmes, education, mental health services, and other interventions aimed at lowering the likelihood that people will turn to violence.
The writer is the Former Press Secretary to the President
Former Press Minister to the Embassy of Pakistan to France
Former MD, SRBC
