Christian and Hindu girls continue to be abducted, raped, forcibly converted to Islam, and married to Muslim men in Pakistan, a phenomenon “Bitter Winter” has repeatedly denounced. This obnoxious practice would not prosper without some complicity by police and courts of law. Some cases do land in courts. But it is not easy for the victims to win them. Sometimes, the victims are treated as if they were the perpetrators. Two cases of this month are of special interest. One concerns Mishal Rasheed, who was 15 when she was abducted at gunpoint on October 25, 2022, and taken to an unknown locality, where she was gang-raped by four men. These rapes are unfortunately customary and serve a specific purpose. It is believed that once no longer a virgin, a girl would become unsuitable for marriage, even if she belongs to a religious minority, and her only choice would be to marry one of her captors. Mishal was then forcibly converted to Islam and married to one of the kidnappers, Abdul Sattar. After six months, Sattar’s brother died and, while everybody in the house was busy with the funeral, Mishal managed to escape and return to her father’s home. They decided to report the kidnappers and rapists to the police. Not only did the officers refuse to investigate, but they also informed Mishal’s captors of what was going on. The girl and her father had to go into hiding for fear of being killed. Now, they went directly to the Lahore High Court, urging it to open a criminal case against Mishal’s captors. It is up to the High Court to decide, but the case is closely watched by activists for the rights of religious minorities in Pakistan. The second case concerns Samreen Aftab, who was abducted on August 22 this year by a young man named Muhammad Amir in the area of Faisalabad. She was immediately forcibly converted to Islam and married to Amir. Her father and six family members, knowing that most probably the police would not act, formed a rescue party and took Samreen back home. Now “they” are the defendants in a court case where Amir qualified their rescue effort as kidnapping. They have been identified by the police and released on pre-arrest bail. Supported by Samreen, they should now defend themselves from the paradoxical charge of being the perpetrators rather than the victims. Meanwhile, the business of kidnapping minority religion girls continues. The whereabouts of another Christian girl, Tabita, daughter of Razzak Mashi, kidnapped by four men on September 29, are still unknown. Her case was reported to the police on October 5, together with a birth certificate proving she is twelve years old, as her captors will probably claim as usual she is really 18. Whether the police will do anything about Tabita is a different question.  Source: BITTER WINTER

In Pakistan the determination of the proper sphere for military authority has always been a controversial issue. It has come under spotlight once again as the army in Pakistan proceeds to try civilians accused of involvement in violent protests and arson, under military laws. Imran Khan’s brief detention in May by the National Accountability Bureau, a development that sparked countrywide protests. Social media was flooded with videos and pictures of Pakistan Tehreek-e-Insaf (PTI) party supporters clashing with police in Karachi,  arson attacks in the army’s head office GHQ in Rawalpindi and vandalising the Corps Commanders’ Flag Staff House in Lahore. The military declared the episode  a “dark chapter” after the demonstrations turned violent on May 9. Following the violent protests which mainly targeted government installations, the military on May 15, vowed to bring to justice “spoilers” involved in the recent attacks on military installations through trials under relevant laws of Pakistan, the Pakistan Army Act and Official Secrets Act.  Chief of Army Staff (COAS) General Syed Asim Munir presiding over the Special Corps Commanders Conference (CCC) at the General Headquarters in Rawalpindi said, “The forum expressed the resolve that those involved in the heinous crimes against military installations will be brought to justice through trials under relevant laws of Pakistan including the Pakistan Army Act and Official Secrets Act.” Eliciting a strong reaction from the government and military with vows of taking action against the culprits, outgoing Prime Minister Shehbaz Sharif’s government had justified the roundup and the revival of army courts to try civilians who targeted government and military installations during the May 9th protests. Khan himself has compared the army crackdown on the protestors with tactics used by Mongol Empire founder Genghis Khan to instil fear in the public. The US State Department urged Pakistani authorities “to respect democratic principles and the rule of law for all people, as enshrined in the country’s constitution” in response to the Sharif government’s decision to use military courts. The Powers to try Civilians: The military was handed over the jurisdiction to try civilians suspected of terrorism-related offences, in the aftermath of the December 2014 deadly Peshawar School terror attack. Conceived as a temporary measure to expedite the trial process of offences relating to terrorism, waging of war. Passed under an extraordinary situation and circumstances the Pakistan Army (Amendment), Act  (PAA) , 2015 authorised military courts to try civilians, and  brought very broad genre of offences within the domain military courts, including attacks on military officials or their installations.  The government’s National Action Plan, envisioned military courts to be a short-term “solution” to try terrorists. in operation for a period of two years, it was also stipulated that the military courts under the 21st Amendment would cease to exist on Jan 7, 2017. The question of whether the trials of civilians under the Pakistan Army Act is legitimate has since been debated extensively by the Pakistani civil society. At that time, Justice Asif Saeed Khosa allowed the petitions challenging the 21st Amendment and PAA 2015, declaring the amendments unconstitutional, without lawful authority and of no legal effect. But the 23rd Amendment and amendments to the Army Act renewed the military courts’ jurisdiction over civilians. It is indeed ironic that Imran Khan’s PTI which is today at the receiving end of the military court jurisdiction was in early 2019 consulting with opposition parties and trying to frantically frame legislation to extend the tenure of the courts. However, it lacked a two-thirds majority to carry out the constitutional amendment for the purpose. Prior to this the Peshawar High Court (PHC) in a single judgement overturned some 70 convictions “for lack of credible evidence and that convictions suffered from ‘malice’ of law and facts” awarded by three military courts in the province of Khyber Pakhtunkhwa. Military Trials Undermine Human Rights Calling the  military trial of civilians as a ‘disaster for human rights’, the International Commission of Jurists (ICJ) had expressed concern over further extension to military courts, fearing that it would make the practice effectively permanent. As the army’s power grow, foreigners  working in and engaging with Pakistan are likely to be impacted by military tribunals as well. Indian national Kulbhushan Jadhav arrested in March 2016 was sentenced to death by a military court based on an “extracted confession” by the military personnel, put on hold after ICJ intervened upon New Delhi’s objection. Furthermore, in its 2019, the ICJ examining the performance of Pakistan’s military justice system for terrorism-related offences noted that “in many cases, military courts’ proceedings appeared to have been a ploy to give legal cover to the practice of enforced disappearances and secret detentions in internment centres”. The concept, if misused, seriously undermines the separation of judicial power and  human rights guarantees such as the right to a fair trial.  It enhanced the powers of the Pakistan Army, which in any case wields considerable power in matters of security, foreign policy as well as politics. For now, the military’s legal department has gathered evidence against 102 protestors involved in the May 9 protest in custody to begin formal proceedings against them, under sections 3, 7, and 9 of the Official Secrets Act read with Section 2(1)(d) of the Pakistan Army Act. On June 22, a nine-judge Supreme Court bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial took up a set of four petitions filed by former CJP Jawwad S. Khawaja, Aitzaz Ahsan, Karamat Ali, and PTI Chairman Imran Khan, challenging the trial of civilians in military courts. Although the Supreme Court adjourned the hearing of petitions challenging the trials of civilians in military courts, Chief Justice Ata Bandial has observed that “civilians should not be put through the rigours and harshness of military courts” and that such trials were not according to the Constitution, saying that the, “ military law is tough law and meant to be different from the ordinary law that may be good for military personnel only.” Even after ​76 years since its independence, Pakistan is struggling to meet its populations’ basic needs and state effectiveness has decidedly declined. Repeatedly intervening in the political process of the nation, the army meanwhile has proved that it has no respect for the constitution, consistently undermining judicial institutions and civilian bureaucracy. Rights groups are demanding that  the cases be tried in established courts.The Human Rights Commission of Pakistan (HRCP) has labelled the idea of military courts undemocratic. The apprehension is that the powers of the military courts are being used to silence opponents’ voices.  But for how long will Pakistan civil society remain capable of resilience? Despite glaring examples of the manner in which successive governments have been targeted by the military, every government in power continues to weaponise the military courts and take their political opponents to task. Howsoever the current political drama unfolds, the challenge against the trial of civilians by military courts continues despite its illegality under international humanitarian law. Source: moderndiplomacy.eu

Total 12 thousand 258 accused were granted bail in connection with 20 thousand 953 cases after taking virtual hearing in the last six working days in this coronavirus pandemic situation. The information was confirmed by Supreme Court spokesman Mohammad Saifur Rahman on Wednesday morning. Saifur Rahman said, hearing of 20 thousand 953 cases were complete after completion of sixth day of virtual courts. The court and tribunal judges granted bail to 12,258 accused after completion of the hearings. The lower courts granted bail to 1,608 people on April 12, to 3,240 people on April 13, to 2,360 people April 15, to 1,842 people on April 18, to 1,635 people on April 19 and to 1,576 people on April 20. On April 5 the Supreme Court administration took the decision to keep the court open on a limited basis to combat the coronavirus situation.    AH

Rapid Action Battalion (RAB) has been conducted mobile courts in different parts of the capital. RAB is conducting the drive to ensure use of masks for the people to face the second corona wave. Besides, masks are being distributed among the poor people. On Thursday mobile courts were conducted at four populous spots in the capital- Shahbag, Farmgate, City College Jigatala and Mirpur and its adjacent areas. While conducting the mobile court at Farmgate in the capital it was observed that most of the people wear masks. But someone is apathetic about wearing mask. They are showing different excuses before the mobile court. During the drive to make people aware about wearing masks mobile courts fined a number of people. Besides, masks were distributed among them. Executive Magistrate Akteruzzaman led the mobile court at Farmgate area. He said, the government has made wearing masks compulsory to face the second corona wave. At the populous are like Farmgate most of the people were seen wearing masks. But somebody is apathetic. Some are not wearing mask though they have it. To make everybody conscious and for correction of the people who are not wearing masks certain amount of money has been fined. AH    

The ‘Narcotics Control (Amendment) Bill, 2020’ was passed in Parliament on Thursday dropping the provision of setting up separate narcotic control tribunals to pave the way for competent courts to try narcotic-related crimes. Liberation Affairs Minister AKM Mozammel Haque, in absence of Home Minister Asaduzzaman Khan, moved the Bill and it was passed by voice vote. The bill was brought to have a provision of holding trial of narcotic-related cases in the courts having the jurisdiction for quick disposal of such cases and easing the backlog of huge drug-related cases. It was supposed to form necessary number of Narcotics Control Tribunals in line with article 44 of the existing Narcotics Control Act 2018. But the Law and Justice Division cannot set up any Narcotics Control Tribunal yet or cannot entrust the tribunal’s responsibility with any additional district judge or sessions judge for administrative reasons. So, complexities have been created in disposal of cases filed under the Narcotics Control Act 2018 since it has become effective, and the number of pending cases filed under this law keeps growing day by day. As per article 44 of the Bill, the courts, having jurisdiction, can try the narcotic-related cases as per the gravity of crimes as well as a sessions judge concerned or a metropolitan sessions judge concerned can fix one or more than one courts that have the jurisdiction to try narcotic-related crimes in their respective areas. In the bill, changes have been brought in 22 articles of the exiting act. Source: UNB AH

Cabinet Secretary Khandker Anwarul Islam said, law enforcement agencies have been asked to take stern action including conducting mobile courts in the capital to ensure use of masks. He said this on Monday while briefing the newsmen. Earlier the virtual cabinet meeting was held presided over by Prime Minister Sheikh Hasina. Prime Minister from Ganabhaban and the cabinet members from the cabinet division at the secretariat took part in it through video conference. While answering a question Khandker Anwarul Islam said, it was said in the meeting to take bolder action to face the coronavirus situation. It seems that corona infection is increasing. So direction has been given to be more alert. Fearing increase of corona infection in the winter the Prime Minister has been directing to take stern action about using masks. By this time mobile courts are awarding punishment and fines in several districts including Khulna. The Cabinet Secretary said, the premier in different times has directed to take stern action for using masks. We have already told law enforcing agencies and mobile courts to take stronger action in Dhaka. The effect will be visible within two or three days. AH    

Lower courts across the country will start regular operation from August 5, more than four months after the government declared nationwide general holiday and subsequent limited operations to tackle the outbreak of deadly coronavirus (Covid-19). The apex court in a recent notification said the decision was taken by the chief justice after discussing the matter with the senior judges of the Supreme Court. The notification signed by Supreme Court Registrar General Md Ali Akbar, said all the civil, criminal courts and tribunals will start regular operations with physical appearance from August 5. “While conducting the regular operations at the civil, criminal courts and tribunals, all are being directed to follow Supreme Court directives regarding protective measures on the court premises and inside the courtrooms,” the notification said. To stop the transmission of Covid-19, the government declared a general holiday from March 26 to May 30. Later courts started limited operations virtually and in line with the practice directions issued by the apex court. Source: BSS AH

The High Court has scrapped the conviction and jail sentence of children given by the mobile courts. Besides, the court has scrapped jail sentence of 121 children given by the mobile courts in this connection. The High Court bench of Justice Sheikh Hassan Arif and Justice Md. Mahmud Hasan Talukder delivered the verdict on Wednesday declaring a previously issued rule appropriate. Attorney General Mahbubey Alam and Deputy Attorney General Bipul Bagmar represented the state during the hearing while Barrister Abdul Halim and Advocate Ishrat Hasan stood for the petition. Mentionable, the hearing of the rule, asking why not conviction and jail sentence given by the mobile courts will not be declared illegal, concluded on Tuesday. In this regard the High Court fixed the date for delivering verdict on Wednesday (today). On October 31, last year the High Court ordered to release 121 children captive in the Children correction centers in Jashore and Tongi who were sentenced by the mobile courts. In this connection the court also issued rule asking why not the conviction and jail sentence to the children given by the mobile courts will not be declared illegal. Following the order the children were released. AH