MILITARY COURTS: AN INDISPENSABLE NECESSITY FOR PAKISTAN

Hira Zafar

22 November 2023

All over the world, military courts play a crucial role in ensuring efficient and effective
justice for cases involving terrorism, insurgency, and threats to national security. These
specialized courts, with expertise in military and security affairs, possess the
necessary knowledge to handle complex legal matters within a focused framework.
By expediting proceedings, military courts contribute to the timely delivery of justice,
act as a deterrent against terrorism, and safeguard the well-being of witnesses and
judges involved in sensitive cases. They also help protect intelligence sources,
preserve classified information, and establish an environment conducive to fair and
unbiased proceedings.
While it is crucial to maintain a balance between safeguarding fundamental rights and
upholding due process, the significance of military courts in addressing national
security challenges and maintaining the rule of law should not be underestimated.
However, military courts in Pakistan have faced criticism on various fronts, but it is
important to note that these criticisms are not universally accepted and are subject to
different viewpoints. It should be recognized that military courts often handle sensitive
cases related to national security where public disclosure of information could
compromise ongoing operations or endanger lives.
Additionally, while limited civilian oversight is a concern, it is worth mentioning that
military courts operate within a legal framework established by the government,
and decisions can be subject to review and appeal. The argument of denial of due
process rights should be evaluated considering that military courts are designed
to ensure expeditious justice in cases of terrorism and insurgency, where delays could
pose risks to national security.
It is also important to recognize that military courts have played a crucial role in swiftly
addressing terrorism-related cases and bringing perpetrators to justice, contributing to
the overall security and stability of the country.
To effectively address the pervasive issue of all forms of terrorism in Pakistan there
is a need of comprehensive and unified approach that involves the collective efforts of the entire nation, including the government, security forces, and its citizens.
The collaborative efforts of the military and judiciary, as two critical institutions of
the state, can play a pivotal role in jointly addressing the challenge of terrorism.
The judiciary should approach the involvement of military courts in trials without allowing
it to become a matter of ego or a threat to its authority.
Instead, it is crucial for the judiciary to facilitate the state and guide the military courts,
being the custodians of constitution and law. The capability of the judiciary in addressing
terrorism-related cases is not in question.
However, it is important to recognize that the judiciary, like any institution, may face
challenges and pressures in dealing with cases involving terrorist threats. These
challenges can include threats against judges, witnesses, and their families, which may
hinder the progress of these cases.
According to reports, an alarming number of alleged terrorists, approximately 2,000,
who were implicated in prominent terrorism cases, have been released by the AntiTerrorism Courts (ATCs) in Pakistan since 2007. Furthermore, a significant proportion
of these individuals have subsequently resumed their affiliations with terrorist
organizations. For example, the ATC Rawalpindi, citing insufficient evidence,
acquitted Malik Ishaq, the leader of Lashkar-e-Jhangvi (LeJ), in three terrorism
cases. Later in February 2014, the United States added Ishaq to its list of most
wanted terrorists and put his organization the LeJ on a list of international terrorist
organizations.
In another case, the suspects accused of the murder of Military Intelligence
personnel, including Major Afaq Ahmed, Hawaldar Mazhar Abbas, Naik Faiz
Muhammad, Lance Naik Waqas Ahmed, and civilian Afsar, who were engaged in
gathering intelligence on militant hideouts in the Pir Chambal mountains, were
acquitted by the ATC.
In such situations, the involvement of military courts can provide an alternative
avenue for swift and efficient proceedings, ensuring that justice is served and the
safety of those involved is protected. Pakistan Army is equipped with the necessary
resources and capabilities to effectively handle a wide range of responsibilities that fall within its purview. However, when the military extends its support to the judiciary, it should
be acknowledged and supported by both the judiciary and the government.
In the fight against terrorism, military courts hold a critical role as they evoke a
profound sense of fear and deterrent effect on those involved in or supporting
terrorist activities. The mere prospect of facing a military trial strikes terror into the
hearts of potential wrongdoers, underscoring the gravity of their actions and the
unwavering commitment of the state to deliver swift and resolute justice.