Monday's session of the National Assembly in Pakistan was marred by dissenting voices, forcing Speaker Ayaz Sadiq to defer voting on the 21st Constitutional Amendment Bill 2015, which was to provide constitutional cover for the proposed military courts.
Voting was deferred after several lawmakers expressed their concern over the Bill's contents.
According to them, they said that parts of the Bill could be used against any religious group.
Other than this, the required two-thirds (or 228) lawmakers were not present in the house of 342 to give their approval to the Bill.
Interior Minister Chaudhry Nisar Ali Khan tried to convince the lawmakers on the new proposed legislation, while simultaneously admitting that there are contradictions in the new legislation.
He further added that due to the current war-like situation, military courts have become the need of the hour. This is because judges and judiciary are not willing to hear the terrorists' cases due to the threats faced by them and their families.
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"Military courts will function within the judicial system and will not be like kangaroo courts,' he said. Moreover, he said that military courts were also established in other democratic countries, including the U.S., where military tribunals were formed after 9/11.
The JUI-F chief Maulana Fazlur Rehman termed the proposed amendment as biased and prejudiced. He demanded that words like 'religion' and 'sect' be omitted from the draft bill so that anyone involved in fight against the state is dealt as a terrorist.
He also stated that unbiased measures are required to control terrorism in Pakistan. "However, if only religion and Madaris are targeted, then this will become controversial," he elaborated.
Fazl congratulated Interior Minister Nisar for freeing over 90 per cent seminaries of involvement in terrorism, but expressed his dissatisfaction for not providing any proof against 'unknown' suspicious seminars
Mahmood Achakzai, Chairman, Pakhtunkhwa Milli Awami Party said it is not a good sign to give parliament power over any other institution. However, he urged all lawmakers to support the new legislation in such a way so that no one could misuse these powers.
It is important to note that these military courts with prior permission of the federal government will be able to try any person who is claimed or is known to belong to any terrorist group or organisation using the name of religion or sect and who commits an offence. Also, the federal government can transfer pending cases to military courts.
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