FOCUS-Pakistan Supreme Court voids military courts
05:48 a.m. Feb 17, 1999 Eastern

By Raja Asghar

ISLAMABAD, Feb 17 (Reuters) - Pakistan's Supreme Court ruled on Wednesday that controversial special military courts set up in the port city of Karachi to combat violence were illegal.

In a blow to Prime Minister Nawaz Sharif's government, a nine-judge bench of the country's top court gave a unanimous verdict about the courts, whose rulings had already resulted in the executions of two men before more executions were halted.

The government set up the military courts in early December to try to speed up justice in Karachi, under a decree yet to be approved by parliament, and amended the decree in January to take powers to set up such courts in the rest of the country.

But opposition and human rights groups protested against the move and the Pakistan People's Party of opposition leader Benazir Bhutto, the Karachi-based Muttehida Qaumi Movement and two individuals challenged the decree before the Supreme Court, which halted any more executions until its decision about the validity of the military courts.

Wednesday's ruling said the decree's portions allowing military courts for trial of civilians and an accompanying schedule of offences ``are declared unconstitutional, without lawful authority and of no legal consequence.''

It also told the government that cases before the military courts be transferred to existing special courts dealing with terrorism, from which appeals go to higher civil courts.

The court ruled that the special terrorism courts would have to hear the cases within seven days and that any appeals would also have to be completed in seven days.

It said the cases in which sentences had already been passed but not yet carried out ``shall stand set aside'' and be transferred to existing anti-terrorist courts.

Critics of the military courts had said the decisions were made too quickly and that they were not fair as any appeal went to another military court and not a civil court.

Human rights groups were also critical, especially after one military court sentenced a 13-year-old boy to die for murder. He was eventually acquitted on appeal in early January.

Wednesday's ruling said that while the military had no authority to operate courts, it should assist civil authorities in investigations and providing protection to key witnesses.

Sharif wrote a letter to the Supreme Court last month saying a ``grave and real emergency'' had forced him to set up the military courts. ``At this critical juncture we are facing the renewed threat of terrorism and violence,'' Sharif said.

Sharif has often complained of slow trials by ordinary courts and an increasing tide of violence. In Karachi, more than 800 people were killed in political, sectarian and ethnic bloodletting in 1998.

The news of the court ruling hit the Karachi Stock Exchange, which was up by more than two percent in earlier trade, but after the decision was announced it slipped and was up by about 0.10 percent at about 916 points in mid-afternoon trade on Wednesday.

Stock analysts in Karachi said the court ruling may cause political confusion as the decision went against the government.

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