Renowned rights activist Asma Jehangir on Wednesday said that the formation of military courts for trail of convicted terrorists in Gilgit-Baltistan (GB) is unlawful and unconstitutional. Talking to reporters outside the Supreme Court, the lady activist, who opposed the formation of military courts in wake of terrorist attack on schoolchildren in Peshawar last year, she pointed out there is no mention of Gilgit-Baltistan in recent 21st charter amendment.
"Why did the parliamentarians not question for setting up military courts in GB as there is no provision in 21st constitutional amendment (and) why GB was not mentioned while making the law," she questioned. She questioned that the attack on Army Public school in Peshawar on December 16, 2014 is either the failure of the judiciary or the military, adding the constitution gives right of defence even to a terrorist.
"This is the reason, the Supreme Court has declared formation of military courts null and void while the parliament passed a law, declaring the military courts as legal...once a law is passed by the parliament, it's not easy to challenge it, and even then the military courts resorted to illegal trial that could be challenged," she added.
She said if the military wants further amendment to the constitution of Pakistan, it must not do it in bits and pieces. The fiery lady said that if the performance of the lawyers is also unsatisfactory, the military captains should be given the job of solicitors.
The lady alleged that army men have already sneaked into media and now the courts will also be run by the khakis. "We've some very important questions as far as the formation of military courts and that must be answered," she maintained. She said that if there was intelligence report well in advance of the Peshawar massacre who should be grilled: "The military, the government or the judiciary...we need answer to this question whose failure is this," said the firebrand lady lawyer.
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