NA adopts 21st Constitutional Amendment unopposed

[timetravel]

I hope the purpose is to attack extremism. If these courts attack only bad terrorists, and allow good terrorists to do their business as usual, then extremism will continue to grow. If this happens these courts are already a failed policy.

In my view I think being army sponsored, they are unlikely to act against the strategic assets of PA/ISI. So I see little help from these courts in controlling extremism. So I am doubtful that these courts will achieve anything at all in the broader fight against extremism. They might act like just another tool to kill the bad terrorists, who anyways are already being pounded by PA. In my view the good terrorists will not even be touched, so overall no control on extremism.

If extremism is not controlled, then I see no purpose being filled by these courts.

But I may be wrong. Let's see how these courts operate. I am on the fence, and as of now really skeptical of the intention of these courts and their ability to challenge extremism in its entire specturm. So I would wait and watch what these courts do, before having any faith in them.

 

[Jango]

83 cases prepared for being sent to military courts by MoI.

BTW, Petition challenging establishment of military courts filed in SC - Pakistan - DAWN.COM

@syedali73 @Bratva @balixd ...here we go. Let's see if the SC accepts the petition or not. I think it will.

What's the procedure in this? Can the military courts function while the petition is being heard?

 

[syedali73]

83 cases prepared for being sent to military courts by MoI.

BTW, Petition challenging establishment of military courts filed in SC - Pakistan - DAWN.COM

@syedali73 @Bratva @balixd ...here we go. Let's see if the SC accepts the petition or not. I think it will.

What's the procedure in this? Can the military courts function while the petition is being heard?

First thing will be the infamous 'stay order', which means, the courts may not function until the petitions is settled.

 

[Jango]

First thing will be the infamous 'stay order', which means, the courts may not function until the petitions is settled.

The response by the military will be very interesting on this.

 

[syedali73]

The response by the military will be very interesting on this.

That is for sure. This is not Choudhry Saheb's Supreme Court so I think the decision will be in Army's favor but hey, I may be wrong.

 

[Jango]

First cases expected to be put in military courts within 2 days.

JAG Bbranch already working on the cases.

 

[fatman17]

Constitutional amendments cannot be struck down by SC. This is pucca kam and the mil-courts will be busy.

 

[syedali73]

First cases expected to be put in military courts within 2 days.

JAG Bbranch already working on the cases.

Sir, the case(s) will fist be referred to the Ministry of interior, which will then decide (or take its sweet time) whether to refer it to the MC or not.

BTW, I have got some more details on the petition as follows:

LAHORE: A petition challenging the formation of military courts was filed in the Lahore Registry of the Supreme Court of Pakistan (SC) on Friday.

The petition, filed by Barrister Zafarullah, stated that a parallel judicial system cannot function in the country nor the constitution allows it.

It was further mentioned that military courts cannot hear cases of civilians whereas Supreme Court has already given its verdict against the formation of military courts.

The petitioner has pleaded the apex court to declare the government’s decision of forming military courts as void.

And guess what, it is the same Zafarullah Khan who was appointed as the Law Secretary by none other than PM Nawaz himself on Oct 16, 2013. Later (Sep. 20, 2014), Zafarullah Khan resigned from the position due to his disagreements with the AGP over the appointment of law officers etc. The point is, Barrister Zafar is 'apna banda' of PML(N).

 

[Jango]

Sir, the case(s) will fist be referred to the Ministry of interior, which will then decide (or take its sweet time) whether to refer it to the MC or not.

.

That's what I meant.

The MoI will take a couple of days to review the forwarded cases and then forward them to MC.

 

[syedali73]

That's what I meant.

The MoI will take a couple of days to review the forwarded cases and then forward them to MC.

Apparently, another can of worms is going to be opened:

CII may take suo moto notice to review 21st Amendment

ISLAMABAD: Chairman of the Council of Islamic Ideology (CII) Maulana Muhammad Khan Shirani on Tuesday said that the Council would review the 21st Amendment to the Constitution which gives constitutional cover to the special military courts to hold the trial of terrorists.

“The government did not seek our guidance on the legislation but the council can still review the amendment even it is passed by the two houses of Parliament,” said Maulana Shirani, while addressing a press conference after chairing a debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’.

Shirani said that the CII could take suo moto notice of any law or legislation or the government could also send the draft of any bill even after it is passed by parliament.He said that participants of the debate that included religious scholars from different schools of thought and lawyers leaders also proposed that the CII recommendations should be sought on establishment of military courts and the 21st Amendment to the Constitution.

Maulana Shirani said the debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’ was held on a six-point agenda. The agenda also included discussion to see whether an exemption of certain laws from Article 8 of the Constitution which relates to fundamental rights clashes with the United Nations charters and agreements on human rights.

It may be pointed out that the Pakistan Army Act, 1952, Pakistan Air Force Act, Pakistan Navy Ordinance and Protection of Pakistan Ordinance, 2014 have also a place in the First Schedule of the Constitution where the Article 8 does not apply.

Other points on the agenda of the debate included study of Islamic clauses of the Constitution, status of other Articles in the light of Article 2 (a) of the Constitution, to ensure that any law introduced in parliament does not clash with Quran and Sunnah, identification of Articles of the Constitution which are against the Islamic laws, study of Chapter 9 of the Constitution, study of Article 8 (3) of the Constitution.

During the debate, the participants observed that the CII had the right to recommend amendments in the Constitution and it should be made mandatory on the members that any bill which they are going to move in parliament does not clash with Holy Quran and Sunnah.

The participants also observed that the discretion being enjoyed by the president of Pakistan and governors to pardon a punishment where Hudood and Qisas are concerned are un-Islamic. They also proposed that Faith on Khatam-e-Nubawwat (SAW) should be made part of oaths of ministers, Speaker National Assembly, chiefs of armed forces and those holding other key posts.

Maulana Shirani maintained that the CII would continue to send its recommendations to parliament till two houses are functioning and carrying out legislation.The debate was participated by Maulana Shirani, Senator Raja Zafarul Haq, Barrister Zafarullah, Justice (retd) Raza Khan, Juctice (retd) Amjad Ali, Mufti Munibur Rehman, lawyers representatives Kamran Murtaza, Yasin Azad and Zia Awan, Hafiz Ikramul Haq, Mufti Muhammad Ibrahim Qadri and others.

CII may take suo moto notice to review 21st Amendment - thenews.com.pk

 

[Zarvan]

Surprising no thread about it yet.

ISLAMABAD: The National Assembly on Tuesday adopted the 21st Constitutional Amendment unopposed after 247 Members of National Assembly voted in favour of the law aimed to set up constitutionally protected military courts to try civilian terrorism suspects, announced NA Speaker Sardar Ayaz Sadiq.

He added that not a single vote was cast against the amendment bill.

Members of the National Assembly belonging to the Jamaat-e-Islami (JI) and Jamiat Ulema-i-Islam-F (JUI-F) abstained from voting.

The bill will now be presented in the Senate for passage tomorrow and is expected to be approved into law on either Wednesday or Thursday.

The constitutional amendment bill was required to be passed by two-thirds of the total participants in both the 342-seat National Assembly and the 104-seat Senate; however, for amendment in the Army Act, a simple majority was required.

Read more : Draft of amendment bill

The two bills – the Constitution (Twenty-first Amendment) Bill and the Pakistan Army (Amendment) — were expected to have been passed a day earlier but voting was deferred after the government fell short of the required two-thirds majority – 228 members – for the passage of the amendments.

NA adopts 21st Constitutional Amendment unopposed - Pakistan - DAWN.COM

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Diesel still making some troubles. He wants the clause about madressas and religious orgs to be omitted. Defeats the whole purpose of the amendment really.

Saleem Safi smoking some heavy sh!t as well these days. Comparing apples and oranges.

Now let's get this passed by the Senate tomorrow and then our invisible President signs it and we go after every terrorist we see.

The only thing the government has quickly and sensibly done in this tenure!

Well for me biggest good news is most Baluch leaders has fully supported this law so Baluchistan is coming back to normalcy and by the way Who are you Mr @Jango ?

 

[Jango]

Why the fck do we have a CII in the first place?
Secondly, isn't it only an advisory body rather than a legal body?

 

[fatman17]

Apparently, another can of worms is going to be opened:

CII may take suo moto notice to review 21st Amendment

ISLAMABAD: Chairman of the Council of Islamic Ideology (CII) Maulana Muhammad Khan Shirani on Tuesday said that the Council would review the 21st Amendment to the Constitution which gives constitutional cover to the special military courts to hold the trial of terrorists.

“The government did not seek our guidance on the legislation but the council can still review the amendment even it is passed by the two houses of Parliament,” said Maulana Shirani, while addressing a press conference after chairing a debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’.

Shirani said that the CII could take suo moto notice of any law or legislation or the government could also send the draft of any bill even after it is passed by parliament.He said that participants of the debate that included religious scholars from different schools of thought and lawyers leaders also proposed that the CII recommendations should be sought on establishment of military courts and the 21st Amendment to the Constitution.

Maulana Shirani said the debate on ‘Study of 1973 Constitution of Pakistan for establishing Islamic Laws’ was held on a six-point agenda. The agenda also included discussion to see whether an exemption of certain laws from Article 8 of the Constitution which relates to fundamental rights clashes with the United Nations charters and agreements on human rights.

It may be pointed out that the Pakistan Army Act, 1952, Pakistan Air Force Act, Pakistan Navy Ordinance and Protection of Pakistan Ordinance, 2014 have also a place in the First Schedule of the Constitution where the Article 8 does not apply.

Other points on the agenda of the debate included study of Islamic clauses of the Constitution, status of other Articles in the light of Article 2 (a) of the Constitution, to ensure that any law introduced in parliament does not clash with Quran and Sunnah, identification of Articles of the Constitution which are against the Islamic laws, study of Chapter 9 of the Constitution, study of Article 8 (3) of the Constitution.

During the debate, the participants observed that the CII had the right to recommend amendments in the Constitution and it should be made mandatory on the members that any bill which they are going to move in parliament does not clash with Holy Quran and Sunnah.

The participants also observed that the discretion being enjoyed by the president of Pakistan and governors to pardon a punishment where Hudood and Qisas are concerned are un-Islamic. They also proposed that Faith on Khatam-e-Nubawwat (SAW) should be made part of oaths of ministers, Speaker National Assembly, chiefs of armed forces and those holding other key posts.

Maulana Shirani maintained that the CII would continue to send its recommendations to parliament till two houses are functioning and carrying out legislation.The debate was participated by Maulana Shirani, Senator Raja Zafarul Haq, Barrister Zafarullah, Justice (retd) Raza Khan, Juctice (retd) Amjad Ali, Mufti Munibur Rehman, lawyers representatives Kamran Murtaza, Yasin Azad and Zia Awan, Hafiz Ikramul Haq, Mufti Muhammad Ibrahim Qadri and others.

CII may take suo moto notice to review 21st Amendment - thenews.com.pk

CII is not a legal body.

 

[syedali73]

Why the fck do we have a CII in the first place?
Secondly, isn't it only an advisory body rather than a legal body?

CII is not a legal body.

Sir, it is a constitutional body and each and every law requires to be scrutinized by this body. Why we have it? Because we have accepted in the constitution of Pakistan that all the laws will be in line with Islam and shariah and since not all (or most) of the law makers have adequate knowledge of Islamic jurisprudence, the laws will be examined/scrutinied by a body (CII) whose member are familiar with the Islamic jurisprudence.

 

[Men in Green]

Fazl mobilising religious parties to protest against military courts law - Pakistan - DAWN.COM

ISLAMABAD: Following the passage of the controversial 21st Constitutional Amendment by Parliament, dissenting Jamiat Ulema-i-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman has called a consultative meeting of major religious political parties on Thursday.

According to sources, the JUI-F is trying to convince the religious leaders to unite in protest against the 21st Constitutional Amendment, which was passed unanimously through Parliament on Tuesday and signed into law by the president today.

The 21st Constitutional Amendment Act and the Pakistan Army (Amendment) Act, 2015 are aimed at setting up constitutionally protected military courts to try civilian terrorism suspects.

However, leaders of the JUI-F and Jamaati-i-Islami (JI) stuck to their guns and rejected the proposed law in its current form.

Fazl had expressed his apprehensions over the new legislation, which he claimed was biased and could be used to target religious seminaries and institutions.

JUI-F officials told DawnNews today that the party chief has called leaders of religious political parties and invited them to a consultative meeting at 11am on Thursday at his Ministers' Enclave residence in Islamabad.

Religious leaders contacted by Fazl included Jamiat Ahle Hadith leader Prof Sajid Mir, Jamiat Ulema-i-Pakistan (JUP) president Dr Abul Khair Mohammad Zubair, JI chief Sirajul Haq, and leaders of the Jamiat Ulema-i-Islam Samiul Haq group (JUI-S) and the Tanzeem-e-Islami.

Also read: Petition challenging establishment of military courts filed in SC

Also invited to the meeting tomorrow are representatives of the Ittehad Tanzeem ul Madaris Pakistan (ITMP), a council consisting of the heads of the five major federations of seminaries, who have also called a separate meeting on Thursday to deliberate on their own course of action.

Speaking at a press conference on Tuesday, Fazl said that terrorism should not be linked to religion. He warned that if religious institutions are targeted in the name of terrorism under the new law, it would create controversy and distract the nation from its real target of curbing the menace of militancy and terrorism.

Meanwhile, a petition was filed in the Supreme Court today challenging the establishment of military courts. The petition states that the contentious amendment to establish military courts in the country is against the basic structure of the Constitution.