February 18, 1999

Pakistan military courts 'illegal'

From a correspondent

ISLAMABAD - The Supreme Court of Pakistan on Wednesday declared the establishment of military courts for trial of civilians as "unconstitutional, without lawful authority and of no legal effect".

A nine-member bench of the court, however, provided a mechanism for speedy trial of cases relating to terrorism. The court set aside all convictions by the military courts which had not been executed. All cases in which sentences had been awarded but not executed will be transferred to anti-terrorist courts already in existence or which might be created as per guidelines of the bench. The court held that evidence already recorded in military courts be read as evidence in the cases, provided it did not affect any of the powers of the presiding officer.

The court said the cases in which sentences had been awarded and executed by the military courts would be treated as closed. The bench observed that it was not oblivious of the fact that terrorism in Karachi and other parts of Pakistan had not only been taking toll of thousands of innocent lives but had also affected the economy of the entire country. "It is a matter of paramount importance that this menace is eliminated effectively in the shortest possible time, for which a solution be found within the framework of the constitution." The court directed that one case be assigned at a time. The anti-terrorism courts should proceed with cases on a day to day basis and pronounce judgment within a period of seven days as provided in the Anti-terrorism Act.

Appeals against judgments of such courts should be decided by the appellate forum within a period of seven days from the filing of such appeals. Under the amended Anti-terrorism Act appeal is provided in high court, and subsequently in the Supreme Court. Reuters add: The Mutta- hida Qaumi Movement had challenged the legality of the tribunals in the Supreme Court. "This decision shows that the Supreme Court is not under pressure from anyone," MQM spokesman Babar Ghauri said. "The decision has proven that the people of Pakistan can approach the Supreme Court to seek justice." Attorney-General Mohammad Farooq, who defended the military courts before the Supreme Court, was quoted by the official APP news agency as saying the government "fully respects" the ruling and was happy it had given an alternative mechanism for speedy trials of terrorism cases.