KARACHI: Istehkam-e-Pakistan Party Sindh chapter President Mahmood Moulvi has stated that the Supreme Court should review its decision regarding the Army Act. According to the constitution, actions against any crime committed by elements of state institutions and the country should be conducted in military courts. Cases like the May 9 incidents should be resolved within military courts. It is imperative to swiftly prosecute individuals responsible for crimes against state institutions under the Army Act to prevent anti-state elements from benefiting in future incidents.
Moulvi expressed these thoughts in a statement, mentioning that through the 2015 parliamentary amendment, legal actions against any sort of attack on military installations and military centers were approved under the Army Act. Hence, it is incorrect to say that no action can be taken against assailants under the Army Act.
He expressed disappointment in the Supreme Court’s decision, stating that in previous rulings of the Supreme Court, trials of ordinary civilians in military courts were considered appropriate, and Parliament had formally approved it. This decision by the Supreme Court conflicts with the four previous decisions made by the Supreme Court in the past. Thousands of cases of ordinary citizens have been disposed of under the Pakistan Army Act, while the Supreme Court of Pakistan has also given multiple rulings in the light of these laws.
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Mahmood Moulvi said that the renowned lawyer Aitzaz Ahsan had filed this petition solely on political grounds. He believed that this issue should not be seen from a political standpoint but in the context of national security. Moulvi stated that it is beyond comprehension to label the entire Army Act as illegal just to punish those responsible for the May 9 incidents. Those who oppose holding individuals involved in serious incidents accountable on political grounds are not only working against the country but also attempting to unnecessarily politicize a legal action for political gains, he added.
The former MNA emphasized that the military courts belong to our own armed forces, not to any other foreign military. It’s also not the objective of military courts to ignore human rights in those courts.
Moreover, military courts are not a novel idea only existing in Pakistan. Jurisdictions around the world empower their militaries to try civilians in cases of serious breaches of security. Even USA allows its military jurisdiction over civilians, which can be tried under the Uniform Code of Military Justice.
Mahmood Moulvi noted a panoramic world view shall reveal that apart from USA a number of countries allow military trials of civilians. Argentina, Israel, Turkey, Thailand, China, Indonesia, Kuwait, Sri Lanka, Mali, Lebanon, Malaysia, Russia, Iran, India, Cuba, Djibouti, Eritrea, Kenya, Bahrain, Chile, Peru, Mexico, Philippines, Syria, Yemen, Bangladesh, Iraq, Saudi Arabia, Burundi, Syria, Cambodia, Jordan, Sudan, Libya, Algeria, Guatemala, Columbia, United States, Greece, Venezuela and Zimbabwe have all enacted laws that allows military to have jurisdiction over civilians.
IPP Sindh President Mahmood Moulvi clarified that the implication of punishment under the Army Act doesn’t mean solely penalizing those involved in the May 9 incidents or members of any specific party. Instead, anyone who attacks military installations similar to an enemy of the state should face consequences. If someone is overlooked in the pursuit of human rights, it could provide an opportunity for anti-state elements. He stated that it is also necessary to handle cases of such incidents in military courts due to the extensive trial process in civilian courts and the burden on those courts. Therefore, all cases related to incidents like May 9 should be expedited in military courts.
