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Pakistan Army's Support to Any Civilian Govt Remains Critical: Expert
Pakistan Army's Support to Any Civilian Govt Remains Critical: Expert
Sputnik India
Last month, Pakistan's apex court declared that the military trial of civilians is "null and void". But the parliament's upper house has passed a resolution opposing the court's verdict.
2023-11-22T16:09+0530
2023-11-22T16:09+0530
2023-11-22T16:37+0530
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Pakistan People’s Party's (PPP) senior leader Raza Rabbani recently stated that he would continue opposing a senate resolution that supports military trials of civilians, as he finds it being against the constitution of Pakistan.Pakistani parliament's upper house last week passed a motion against the Supreme Court's verdict that nullified civilians' trials in military courts. It called for halting implementation of the judgment until "considered by a larger bench”.Two senators — Jamaat-e-Islami’s Mushtaq Ahmed and PPP's Rabbani, however, opposed the resolution against the top court’s verdict.Sputnik India tried to explore from Global Strategic & Military Analyst Major Gen. (Retd.) Shashi Bhushan Asthana about his observation of the system of military trials and factors linked to it in the political crisis-hit Pakistan.Asked if the senate’s endorsement of civilians’ military trials akin to allowing a parallel government to exist in the presence of Supreme Court, he said: “Certainly.”What has happened, the pundit explained, is that the Pakistan Army understands it has a caretaker government in place, which is dependent on it to manage affairs. “Thus, they are trying that they should get this law passed or this practise of trying civilians in the army court. They want to legalise it and they want to use this instability -- political and security -- to fulfil their agenda.”He observed that’s why they are trying to push through this resolution through Senate. “Whereas logically, I think, what the Supreme Court of Pakistan has stated, and what any other court in their place would say that the trial of civilians by military does not uphold the principles of democracy.”Military Trials of Civilians vs Pakistan’s DemocracyAs per Maj. Gen. Asthana, in any free and fair democracy, the military trials of civilians by any army are not desirable, and it does not speak of a free and fair democracy. “In Pakistan, the army has been ruling the country directly or indirectly -- almost over 50% of the time they have been ruling directly and for the remaining time, indirectly.”That’s why they have overriding unconstitutional powers over almost all establishments in the country, the former Indian Army officer added.“...This case of the military trial basically flows out from their narrative that firstly in the foreign relations the army should have a say in foreign relations. Secondly, they sell the narrative that we are under terrorist threat which can be strongly dealt with only if it is tried under the army courts.Thus, they have given this excuse that anything pertaining to the country’s security should be tried under army courts, he explained.Why Do Political Parties Support Military Trials?As per Maj. Gen. Asthana the parties opposing or supporting it, actually wanted to remain in the good books of the army. He said they knew that directly or indirectly the army would play the card.Stating that this has been the story of Pakistan, the military expert observed: “Therefore, if some parties are failing it, it is to seek a favour from the army. If some are opposing it, that is I think a right cause for democracy.”He stressed that logically, there was no reason why a civilian should be tried under an army court. “It had not been seen anywhere, unless the army was in the government or the country had a martial law.”Unless these two conditions were met, he remarked “this is an infringement on the human rights of the civilians”.
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Pakistan Army's Support to Any Civilian Govt Remains Critical: Expert
16:09 22.11.2023 (Updated: 16:37 22.11.2023) Last month, Pakistan's apex court declared that the military trial of civilians is "null and void". But the parliament's upper house has passed a resolution opposing the court's verdict.
Pakistan People’s Party's (PPP) senior leader Raza Rabbani recently stated that he would continue opposing a senate resolution that supports military trials of civilians, as he finds it being against the constitution of Pakistan.
The Resolution backs trial of people arrested over the 9 May riots that occurred following arrest of ex-premier and Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan from the grounds of the Islamabad High Court.
Pakistani parliament's upper house last week passed a motion against the Supreme Court's verdict that nullified civilians' trials in military courts. It called for halting implementation of the judgment until "considered by a larger bench”. Two senators — Jamaat-e-Islami’s Mushtaq Ahmed and PPP's Rabbani, however, opposed the resolution against the top court’s verdict.
Sputnik India tried to explore from Global Strategic & Military Analyst Major Gen. (Retd.) Shashi Bhushan Asthana about his observation of the system of military trials and factors linked to it in the political crisis-hit Pakistan.
Asked if the senate’s endorsement of civilians’ military trials akin to allowing a parallel government to exist in the presence of Supreme Court, he said: “Certainly.” What has happened, the pundit explained, is that the Pakistan Army understands it has a caretaker government in place, which is dependent on it to manage affairs. “Thus, they are trying that they should get this law passed or this practise of trying civilians in the army court. They want to legalise it and they want to use this instability -- political and security -- to fulfil their agenda.”
He observed that’s why they are trying to push through this resolution through Senate. “Whereas logically, I think, what the Supreme Court of Pakistan has stated, and what any other court in their place would say that the trial of civilians by military does not uphold the principles of democracy.”
Military Trials of Civilians vs Pakistan’s Democracy
As per
Maj. Gen. Asthana, in any free and fair democracy, the military trials of civilians by any army are not desirable, and it does not speak of a free
and fair democracy. “In Pakistan, the army has been ruling the country directly or indirectly -- almost over 50% of the time they have been ruling directly and for the remaining time, indirectly.”
The geopolitical pundit explained that the reason why the Pakistani Army remains strong is because of their narrative, that “there’s a threat from India -- which is an existential threat -- and we are the only institution which can protect the country from that threat. Therefore, all levers of power should be with us”.
That’s why they have overriding unconstitutional powers over almost all establishments in the country, the former Indian Army officer added.
“...This case of the military trial basically flows out from their narrative that firstly in the foreign relations the army should have a say in foreign relations. Secondly, they sell the narrative that we are under terrorist threat which can be strongly dealt with only if it is tried under the army courts.
Thus, they have given this excuse that anything pertaining to the country’s security should be tried under army courts, he explained.
Why Do Political Parties Support Military Trials?
As per Maj. Gen. Asthana the parties opposing or supporting it, actually wanted to remain in the good books of the army. He said they knew that directly or indirectly the army would play the card.
“Most of the governments have come to power only with the blessings of the army, and when they fell out of place with the army, they actually lost the government whether it's the case of Imran Khan or it is the case of others.”
Stating that this has been the story of Pakistan, the military expert observed: “Therefore, if some parties are failing it, it is to seek a favour from the army. If some are opposing it, that is I think a right
cause for democracy.”
He stressed that logically, there was no reason why a civilian should be tried under an army court. “It had not been seen anywhere, unless the army was in the government or the country had a martial law.”
Unless these two conditions were met, he remarked “this is an infringement on the human rights of the civilians”.
