Asma slams changes in Army Act ; Says new law suggests govt has no confidence in PCO judges | Pakistan Press Foundation (PPF)

Pakistan Press Foundation

Asma slams changes in Army Act ; Says new law suggests govt has no confidence in PCO judges

ISLAMABAD: The chairperson of the Human Right Commission of Pakistan, Asma Jehangir, in detention in Lahore since the imposition of ‘emergency plus’, has severely criticized the latest act of granting military courts jurisdiction to try civilians. In a statement, Asma said this new law to try offences ranging from murder to libel is an expression of the government’s own lack of confidence in its selected PCO judges.

“The onslaught on the courts was not because they were obstructing trial of terrorists but because they dared to give relief in some cases. There is little doubt that the Musharraf regime is in no mood to change its course. They want absolute power. They will tolerate no dissent and will continue to use the terrorist card to keep the international community at bay. How long will the bluff and a state of self-denial work?” she asks.

Refusing to be cowed down even in detention, she says that the amendments to the Army Act are alarming. These amendments give wide powers to military courts to try civilians for a number of offences, including holding the view that the citizens of Pakistan comprise more than one nationality.

“Antiquated laws that had lost their teeth through judicial reviews are now being resurrected and made punishable by the military. Trials will not be open to public hearings; lawyers will only be allowed to represent the accused in the capacity of a friend. Investigation will be carried out by military personnel and ordinary rules of evidence will not apply,” she adds.

In the past offences under the Prevention of Anti-National Activities Act were tried by a specially constituted tribunal, headed by a Judge of the High Court. The presiding judge was appointed in consultation with the Chief Justice of that court.

The Anti-National Activities Act as well as several other offences, now to be tried by military courts, remained controversial. Lawyers and leaders of civil society vehemently denounced them for being oppressive.

“The government had powers to detain any person under the Security of Pakistan Act, 1952 but a Review Board consisting of judges of the Supreme and High Courts examined the grounds of such detention.
Source: The News
Date:11/12/2007