LAHORE (Muhammad Ashfaq) - Federal Law Minister Azam Nazir Tarar has said the issue of missing persons is not restricted to Pakistan, it is a worldwide matter, adding as per law a civilian can be tried in a military court.
Addressing the Asma Jahangir Conference, the federal minister said, “I myself part of the Judicial Commission on the issue of missing persons. We are working seriously. We have done a lot of work on missing persons. A commission was also formed and a relief package was introduced for missing persons.”
He said among the dead terrorists there are often missing persons, the new committee will pay more attention to the issue of missing persons; the government has done a lot to prevent blasphemy on social media.
Azam Nazir Tarar said disagreement does not mean fighting, but rather the beauty of a civilized society, adding, “I have been criticised a lot for the constitutional amendment. Today is my opportunity to present my defence to you.”
“In the past, there were incidents where the Supreme Court played out of line. The Supreme Court upheld the death sentence of a prime minister and sent prime ministers home.
“Whatever happens, it is certain that the parliament of 22 crore people has the power to legislate, and 17 unelected judges do not have the power to overturn the legislation of the parliament,” the law minister said.
He said the 26th Amendment was sent to bar associations for suggestions, the draft of the 26th Amendment was sent to all political parties, Akhtar Hussain had suggested consulting with civil society, ‘we authorised the NA speaker to send things to civil society.’
Azam Nazir Tarar said that the power to transfer judges belonged to the President and the Chief Justice, adding “We have further improved the procedure for transferring judges. If the Judicial Commission can appoint judges, why can't it transfer them? If Punjab has good judges, don't the people of Sindh and KP have the right to have these judges serve them.”
He said that the Constitutional Court has started its work, with time it will be known whether this decision was correct or not, from 1973 to today the Supreme Court has not challenged any constitutional amendment, “I would be the last person who would support the military trial of a civilian, but when we talk about the system being run under the law and the constitution, then one has to harden one's heart.”
The Federal Law Minister said that under the law, a civilian can be tried in a military trial. When you cross the red line, then there are laws. The forum for the trial of those who attacked army installations is military courts.
Former Senate Chairman Raza Rabbani, while addressing the Asma Jahangir Conference via video link, said that bar associations have a long history, lawyers have always strived for the supremacy of the constitution and democracy, and lawyers also fought against the illegal actions of Musharraf and Ayub.
On this occasion, former member of the Judicial Commission and member of the Pakistan Bar Council Akhtar Hussain said, “We are present at Asma Jahangir's conference, where is democracy today? Where is the judiciary independent? Is parliament independent? Is there democracy? Can democracy be possible without an independent judiciary? When the judges of the Constitutional Court are appointed at the will of the Prime Minister, how will the judiciary be independent?”
Pakistan Bar Council member Ahsan Bhawan has said that Asma Jahangir always paid the price for speaking the truth, the judiciary is the guarantor of the protection of fundamental rights, resistance does not mean chaos, and disagreement cannot mean treason.