Military courts
2014-12-31
MAY I voice my disappointment on Mr Justice (r) Salahuddin Mirza`s views on the subject of military courts (Dec 28).
The learned judge has not fully appreciated the reason why a society has an institutionalised system for the dispensation of justice in the first place. It is to punish those found guilty of a crime, and more importantly, administer a warning to others who may be so inclined.
Now if in defiance of all state laws, perpetual criminal activity by bodies of organised men, armed with terrible weapons, comes to be perpetrated on an increasing scale of incidence and ruthlessness, what would anybody`s conclusion be with regard to the efficacy of the justice system? And in this regard, how does anyone find fault with Gen Raheel Sharif, who is charged with the ultimate responsibility for ensuring security of the people of Pakistan. After a decade of sufferance, does anybody need to write a treatise to convince someone on the failure of the justice system in Pakistan? Moreover, war is fought in the theatres of violence where you can only count casualties after an action and never ever find whose bullet killed whom. Any unrecognised person found in the area of battle is, for all intents and purposes a combatant enemy soldier and responsible for all actions of his side and dealt with accordingly. The need, therefore, is to have laws that suitably support our own soldiers in the field.
Our human rights activists also must appreciate that HR values have to be respected by all, including criminals, before they can agitate for any exemption from consequences sanctioned by the law.
M. Zafar Karachi