SHAFAQNA PAKISTAN (Shia News Agency)
Military courts have been set up across the country after much debate and despite several protests by the lawyer community. These courts have been set up for a special purpose that is to try the hardcore terrorists especially after weak legislation process and lack of evidences and fear of witnesses. However these courts have become something controversial because of nature of cases as there is a difference between murder by enmity or some other way and murder by terrorism. Now the ATA is a special law to be applied in cases of special natured offences, i.e. strictly terrorism related offences.
Law enforcement agencies need to have a sound understanding of law to charge a person with the correct provisions of law. Constant caution is required to ensure that adequate laws are put to charge against an accused. Even the Supreme Court has raised concern that the ATA needs to be reexamined in a manner that the special law be read meticulously and thoroughly examined for effective implementation. Low conviction rate under ATA is something the police should consider when framing charges against the accused.
Another major problem is biasness in referring the case as there has been much debate on Qadri’s case who killed ex-Governor Punjab Salman Taseer in Islambad. His case was not considered for ATA rather it was taken as the case of simple murder. Similarly the case of Hardcore terrorist must be heard by Military courts but it did not happen. There must fine criteria for referring the case to the civil and military courts and this criterion must be implemented without any bias and partiality.
pakistan.shafaqna.com
