Senate of Pakistan calls upon the SC to reconsider its decision regarding declaration of some sections of the Army Act

ISLAMABAD, Nov 13 (SABAH): The Senate of Pakistan called upon the Supreme Court of Pakistan to reconsider its decision regarding declaration of some sections of the Army Act, including establishment of military courts, as unconstitutional.

To this respect, the House, with a majority vote, passed a resolution moved by Senator Dilawar Khan, Senator Kauda Babar, Senator Naseebullah Bazai, Senator Manzoor Ahmed and others.

It said trial of those accused of violence against the armed forces under the Army Act is an appropriate and proportional response in line with the Pakistan’s existing constitutional framework and statutory regime. It added that the trial of individuals accused of anti-state vandalism and violence under the Army Act serves as a deterrent against such acts.

 The resolution also extended firm stand with the families of martyrs, who have made significant sacrifices for the country, and have expressed feelings of insecurity and treachery due to this decision.

The House said military courts have played a significant role in addressing terrorism by ensuring that those responsible for terrorist acts are brought to justice. However, the judgment while abandoning the spirit of martyrdom, grants lenient option to terrorists, anti-state actors, foreign agents and spies to be tried in normal courts.

The resolution maintained the sentences given by military courts are not arbitrary and are conducted following due process and formalities.

It reaffirmed that 9th of May will be remembered as a dark day in the history of the country and condemns the anti-state acts committed against the armed forces, which the enemies of Pakistan cannot even dare to think of committing. The culprits of 9th May, who blatantly attacked defence installations and disgracefully dismantled memorials of martyrs, deserve no empathy or leniency. They should be tried in military courts and stringent punishments be given to make them an example for internal and external enemies to Pakistan by creating a deterrence and upholding the supremacy of State.

Recalling the amendments to the Army Act, specifically the addition of Section 2(1)(d), allowing for the trial of civilians who commit offences like attacking military installations by military courts was carried in 1967. Civilians have been tried in military courts in the past under this provision, and sentences have been duly carried out. More so, the previous decisions of the Apex Court have upheld trials under the Army Act by a majority. The bench which announced the recent judgment was not in unanimity as opposed to the previous benches which upheld trial of civilians under the Army Act. Hence the decision is legally flawed and should not be implemented unless it is considered by a larger bench.

Observing with apprehension that the invalidation of the jurisdiction of army courts is likely to facilitate vandals and abettors of terrorism and anti-state activities. Military courts have played a pivotal role in delivering justice, particularly concerning acts of terrorism, often instigated by neighboring adversaries with Pakistan’s borders.

The Senate of Pakistan calls upon the Apex Court to reconsider its decision, urging alignment with the national security paradigm and sacrifices of the martyrs in order to address the concerns raised regarding the ramifications of the judgment on the security and stability of the nation.