No legislation on military courts in 27th Amendment: PML-N’s Barrister Malik

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Advisor to the Prime Minister on Law and Justice Barrister Aqeel Malik has denied that any legislation on military courts would be a part of the the mooted 27th Constitutional amendment, adding that PTI claims in this regard were “completely incorrect” and “misleading the public”.

While speaking to Dawn last month, a JUI-F leader had questioned whether the upcoming amendment would be aimed at “creating some way to transfer the cases of civilians to the military courts”.

Speaking on Dawn News programme Doosra Rukh, which aired on Friday, Barrister Malik made a clarification, saying: “I would like to mention that there is no discussion of military courts [in this amendment]”.

He claimed that PTI leader Salman Akram Raja’s allegations that the government was bringing in the amendment to create military courts were incorrect, adding that the party was “misleading the public.”

Talking about a possible timeline for the new amendment, Barrister Malik said, “In my understanding, this [amendment] will go into the new year, and it’s very early to say if it can be done this year as there are [just] two months left, but there are lot of international engagements, including COP […] foreign dignitary visits.”

When asked if the amendment would be tabled in 2025, the advisor to the premier said it was “possible”, adding that they had “initiated a conversation” so that whoever now agrees to be a party to it would come with “consensus”.

“Civil society, our allies and even the opposition [are party to it]. We haven’t dissolved the [special parliamentary] committee, it will continue working under the leadership of Khursheed Shah,” he said.

When asked if the amendment would cater to the people who voted in favour of the 26th Amendment, Barrister Malik replied in the affirmative.

“We wanted to keep the 26th Amendment focused on legal and judicial reforms […] and like you said judicial package, it was in that regard only, not anything else” he added.

He also explained that the government wanted to build a consensus regarding the amendment.

“We want to build an overall broad consensus and I’m on record saying that whenever the 27th Constitutional Amendment is brought, it will be brought in with consensus.”

The ruling coalition has been seemingly planning to table another amendment, colloquially known as the 27th Amendment, aimed at reforming local governments and “addressing issues skipped in previous legislation”.

These details were divulged by sources to Dawn following a meeting bet­ween Prime Minister Shehbaz Sharif and PPP Chairperson Bila­wal Bhutto-Zardari in Lahore, atten­ded by key leaders from both parties on October 27.

In contradicting statements, Law Minister Azam Nazeer Tarar on Monday had declared that the government was not considering any such legislation. At the same time, Barr­ister Malik had hinted that the government could not only table “an amendment” in parliament, but would also be able to pass it.

However, it was not clear whether he was referring to a constitutional amendment bill or an ordinary piece of legislation. The statements came as sources indicated to Dawn that a bill to amend the SC Practice & Procedure Act could be introduced in the house soon.

These developments come after the recently passed 26th Amendment which brought changes to the Constitution, most of which pertain to the judiciary.

Some main reforms include taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.