Terrorism & Military Courts in Pakistan By Abdul Salam Dadabhoy

Judiciary blamed and may blame the executive and vice versa, both blamed and may blame the legislature and vice versa, or all three blamed and may continue to blame each other, but the fact is that judicial cases get adjourned, they do not get disposed off, disposal on the average takes decades, people do not get relief, criminals and terrorists go Scot free and public frustration was and is still on the rise. Military Courts therefore are the need of the hour. Funny as they may seem, but these arguments have been going around for quite some time:

1) System has failed to deliver, but military courts are still not a feasible option.

2) System does not punish terrorists, but military courts also should not, as they are unconstitutional.

3) Military courts will try cases, but Government will decide which ones to send for trial.

4) Parliamentarians voted for military courts, but at the cost of their conscience.

5) Jamiat Ulema Islam Fazal agreed in All Parties Conference, but will hold protests against military courts.

6) Military is always required to sort out, any and every mess and mishap, but should not be allowed to take up trials of terrorists.

7) India is hitting us continuously, but as good neighbors we must not condemn them openly.

8) Terrorism undoubtedly is our biggest problem, but then there must be distinction between terrorism, extremism, sectarianism, good and bad terrorism. A reality check, for all of us is compulsory, to actually analyze and conclude, the failures of the Parliament and Judiciary, witnessed more than ever, in the following spheres, for the last 7 or 8 years:

1) Rigging in General Election 2013;

2) Election Audit;

3) Terrorism;

4) Extremism;

5) Sectarianism;

6) Peace & Prosperity;

7) Growth and Governance;

8) Corruption;

9) Commissions & Kickbacks;

10) Justice & Relief;

11) Judicial Delays;

12) Law & Order;

13) Unemployment;

14) Thar;

15) Inflation;

16) Education;

17) Health & Pharmaceuticals;

18) Writ Of State;

19) Public Welfare;

20) Institutions Ruined;

21) National Debt;

22) Public Hospitals;

23) Privatization;

24) State Assets Mortgaged and

25) Accountability.

There is not even one single positive indicator, in the entire country, since last 8 years, except notable progress in Khyber Pakhtunkhwa. Thank goodness, political parties have agreed to stand with the armed forces, in this fight against terrorism and thank the Lord for the Supreme Court verdict, dismissing all petitions against military tribunals. Although there is much debate, on the definitions and kinds of terrorism prevailing in Pakistan, cases which are found fit, for referral to military courts, for the time being, pertain to cross border terrorism, extremism and sectarianism. There is one more face of terrorism, known as economic terrorism, which is one of the most dangerous forms and will have to be tackled at an appropriate stage. Economic terrorism has en block continuous staggering effects, on generations to come. Mortgaging State assets, issuing sovereign guarantees, acquiring hefty loans for the State, huge kickbacks and commissions, monopolizing electricity and gas, buying State institutions through back door companies, heavy evasion of taxes, mega projects without proper tenders, selective privatizations, appointments of cronies in strategic institutions and getting personal loans waived off from banks, are all relevant examples of economic terrorism. Tharparkar (Sindh) for instance has recently seen hundreds of children dying of malnutrition, while Government of Sindh was contemplating the make and model, for purchase of a helicopter, the honorable Chief Minister would find it luxurious to travel in. Despite massive criticism in the electronic and social media, all screams have fallen on deaf ears, as children still continue to die every day. God bless the social welfare bodies, for providing some respite in the miseries of the people, but that is not enough. Similar is the situation in Punjab, where children have been dying in public hospitals, on account of neglect and shortage of facilities. Economic terrorism would not be of much concern, if children of the ruling elite would have been studying in local schools, getting treated in public hospitals and if their entire assets would have been in Pakistan, which unfortunately is not the case. National Accountability Bureau (NAB) very conveniently investigates the common citizens, accused of petty errors, but has not tried even one single high profile case, except Admiral Mansoor (Retd), that too in the times of General Pervez Musharaf. Should the rulers, not be questioned about and accountable for, the origin and source of massive wealth enhancement and accumulation, before and after coming into power? It is an elixir, for evil to survive and grow, when nothing good gets performed. Least we can do is call an evil an evil. Economic terrorism will need much more aggressive treatment, after the armed forces are through with the other forms of terrorism, as and when the time is ripe. Broad based consensus presumably has been achieved, for trial of cases pertaining to:

A) Terrorism:

1) Carrying Explosives;

2) Arms Smuggling;

3) Action or Intention to terrorize;

4) Captured Enemy Combatants and

5) Anti State Activities.

B) Extremism:

1) Target killings;

2) Ethnic killings and

3) Kidnapping for ransom.

C) Sectarianism:

1) Religiously Motivated Killings;

2) Hate Speech;

3) Hate Material and

4) Incitement for violence, as all the above come within the domains of terrorism.

It is very humbly requested, that on popular public demand, the concerned may consider the trial, of the following cases, in military tribunals as well:

1) Rental power case;

2) Ephedrine case;

3) High cost of metro;

4) Shut down of power plants;

5) Murder of NAB officer during rental power probe;

6) Model town murders of PAT workers and students;

7) Islamabad massacre during PTI sit in;

8) Role of NAB to curb economic terrorism;

9) Appointments and respective roles of present Chairman of NAB and his immediate predecessor in the legitimization of economic terrorism of high profiled individuals;

10) Role of ex – CJP in appointing returning officers before general elections of 2013;

11) Money laundering cases;

12) Murder of Customs officer Ejaz Choudry;

13) LPG issue;

14) Recent fuel crisis;

15) 5 billion dollars apprehended off Karachi coast;

16) 2 billion Rupees recovered by Rangers from a minister’s house;

17) K – Electric privatization, special digital meters and theft of all copper installations;

18) Privatizations to selected cronies at throw away prices;

19) Hussain Haqqani and memo gate scandal;

20) Business and relationship of Nawaz Sharif with India;

21) Accumulation of wealth and assets abroad of Asif Ali Zardari and family;

22) Accumulation of wealth and assets abroad of Nawaz Sharif and family;

23) Illegal water hydrants, China cutting and illegal encroachments in Karachi;

24) Corruption of ministers and secretaries after General Musharaf left till to date;

25) Ruination of and corruption in PIA, Steel mills and other public sector corporations;

26) Anti – state TV channels and NGO’s etc; and

27) Rape and molestation of children in Kasur.

In short, any and every thing, which causes harm, be it financial, moral, physical, mental, and / or social damage, to the public at large, must be referred to the military courts, for speedy and exemplary retribution. Unless the military tribunals do not take up all such cases, progress and peace in Pakistan may not be a reality.

Abdul Salam Dadabhoy.

10 August 2015.

 

by webmaster@insaf.pk (tkiadmin)