(MENAFN- The Peninsula) The 21st Constitutional Amendment presented before Pakistani parliament will affect Article 175 of the Constitution that deals with the establishment and jurisdiction of courts but the amendment will be repealed automatically after two years.
However, the proposed Constitutional amendment does not specify what measures will be taken to ensure that an innocent person is not tried in military courts apart from the fact that the permission of the federal government will be required to try any civilian in a military court.
According to the draft of the 21st Amendment Act 2015, changes will be made in clause 3 of Article 175, which calls for the separation of the judiciary from the executive.
The amendment will make clause 3 non-applicable for two years after which the Constitution will revert to its normal position.
The 21st Amendment gives full protection to four acts, namely the Protection of Pakistan Act 2014, the Pakistan Army Act 1952, The Pakistan Navy Ordinance 1961 and the Pakistan Air Force Act 1953, by placing them in the first schedule of the Constitution.
The experts believe that the purpose of placing these acts in the first schedule is to protect them from any future legal challenges.
The government has also tabled amendments in the Army Act 1952 to expand its scope to civilians who are found involved in waging war against the government, military, and civilian establishments.
Under the new amendments to Section 2 of the Army Act, civilians will also be tried in the military courts under certain conditions, which are specified.
The federal government's permission has been made mandatory for prosecution of terrorists under the Army Act. Under the amendment, the government will also have the power to transfer any terrorism-related case pending in any court to the military courts.
In case of the transfer of a pending case, the military courts will not be required to record the evidence which is already recorded by the previous court.
Some experts believe that even the case of the assassination of former Prime Minister Benazir Bhutto could be transferred to the military courts if the government decides to do so.
Under the proposed amendment "any person who is or claims or is known to belong to any terrorist group or organisation using the name of religion or a sect and raises arms or wages war against Pakistan or attacks the armed forces of Pakistan and the law enforcement agencies, or attacks any civil or military installations in Pakistan or kidnaps any person for ransom or causes death of any person or injury, or is in possession, storage, fabrication or transport of explosives, firearms, instruments, articles, suicide jackets or vehicles designed to be used for terrorist acts, or receives or provides funding from any foreign or local sources for such illegal activities and acts or does any act to overawe the state or any section of the public or a sect or a religious minority or to create terror or insecurity in Pakistan or attempts to commit any of the said acts, within or outside Pakistan, shall be punished under the Army Act".
The amendments mention the following 10 offences to be tried in military courts.
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