THE LAMB & THE WOLF
Once upon a time, there was a naughty lamb whose mother loved her child so much that she constantly worried about his safety.
“Be careful! You must not go into the forest. Wild animals live there. They may threaten you. They might even eat you.” She always warned him.
But the mischievous lamb never listened & casually went & played in the forest for a long time till it turned dark in the evening.
One day, as usual, the lamb wandered far off into the forest. There he saw a spring.
“I am thirsty. Let me drink some water,” He thought.
Unbeknownst to the lamb, a wolf watched from behind a tree. There was no one besides the two, to save the lamb from the wolf.
“A lamb! My lucky day!” Thought the wolf, creeping up on the lamb. “You know this forest belongs only to wild animals like me. Why have you come to take water from this spring?” Demanded the wolf in an abrupt, threatening tone.
The lamb knew that wolves were dangerous animals. “Mother has warned me about wolves. I am sure this creature wants to eat me for his lunch. He is ferocious. I must escape from him.” He thought.
“You are also dirtying the water. How will I drink this polluted water now?” The wolf continued.
“But the spring flows from where you are standing down to where I am standing, Sir!” Said the lamb, in a meek voice.
The wolf was surprised to hear such an intelligent answer from the lamb. But the wolf was just looking for an excuse to kill the lamb. “How dare you argue with me? I think you are the same lamb who abused me last year!” The wolf shouted.
“Last year? Bur Sir, I was not even born then!” The lamb squeaked.
The lamb feared that the wolf was looking for a pretext to kill the lamb. This realization made the lamb even more cautious of its words & gestures.
Just then, the lamb heard some woodcutters. They were coming towards where the lamb & the wolf were standing.
“If I can keep talking to this wolf for a little while longer, the woodcutters will be here. They will chase him away,” Thought the clever little lamb. So, he said, “Mr. Wolf, you are right. I have dirtied the water. But, I did not mean to upset you.”
The lamb kept on talking for a few more minutes. As the lamb spoke, the woodcutters arrived. They saw both the lamb & the wolf. They caught the wolf & thrashed him thoroughly.
The lamb was relieved to be safe. He ran back to his mother & told her what had happened in the forest with the wolf & the woodcutters; & he promised his mother never to wander into the forest again.
THE CONSTITUTION OF PAKISTAN, 1973
(http://www.pakistani.org/pakistan/constitution/part2.ch1.html)
12. Protection against retrospective punishment
(1) No law shall authorize the punishment of a person:-
(a) for an act or omission that was not punishable by law at the time of the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.
(2) Nothing in clause (1) or in Article 270 shall apply to any law making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
THE ANTI TERRORISM ACT (ATA), 1997
(http://www.ppra.org.pk/doc/anti-t-act.pdf)
12. Jurisdiction of [9](Anti-Terrorism Court)-
1) Not with standing anything contained in the Code or in any other law, a scheduled offence committed in an area in a Province shall be triable only by the Special Court exercising territorial jurisdiction in relation to such area.
2) Notwithstanding anything contained in sub-section (1), if, in respect of a case involving a scheduled offence committed in any area, the Government having regard to the facts and circumstances of the case, it satisfied that in order to ensure a fair trial, or for the protection and safety of witnesses, that such offence should be tried by [10](Anti-Terrorism Court) established in the relation to any other area, the Government may make a declaration to that effect.
Explanation. Where a Special Court is established in relation to two or more areas, such Special Court shall be deemed, for the purpose of this sub-section, to have d been established in relation to each of such areas.
3) Where a declaration is made in respect of an offence committed in an area in a Province, any prosecution in respect of such offence shall be instituted only in the Special Court established in relation to such area, and, if any prosecution in respect of such offence is pending immediately before such declaration in any other Court, the same shall stand transferred to such Special Court and such [11](Anti-Terrorism Court) shall proceed with such case from the stage at which it was pending at that time without the necessity of recalling any witnesses.
[12][13. Establishment of (Anti-Terrorism Court)]-
1) For the purpose of providing for the speedy trial of the cases referred to in subsection (2) and subsection (3) of section 39-A, and of scheduled offences, the Federal Government, or if so directed by the Government, the Provincial Government may establish by notification one or more Anti-terrorism Courts in relation to [each territorial area as specified by the High Court][13]
2) Where more Anti-Terrorism Courts than one have been established in any area, the Government in consultation with the Chief Justice of the High Court shall [keeping in view the seniority and status of the member of various Court in that area, designated a member of any such Court to be an administrative member][14] and all cases of friable under this Act. Pertaining to the said area shall be filed before the [administrative Member ad such Administrative member may either assign the case for trial to the Court of which he is a Member][15] or , assign any case, or cases for trial to any other Anti Terrorism Court at any time prior to the framing of the charge. The cases shall be assigned to a case at a time:
Provided that in order to ensure that the time of the Court is not wasted if for some reason a given case cannot proceed more than one case can be assigned to it at any time or from time to time.
3) In respect of a case assigned to a Court under subsection (2), all orders made or proceeding taken before the assignment shall be deemed to have been made or taken by the Court to which the case has been assigned
4) [16][Notwithstanding anything contained in sub-section (2) and sub-section (3), the Federal Government or if so directed by the Government, the Provincial Government shall in addition to the existing [Anti-Terrorism Court][17] or such other [Anti-Terrorism Courts][18] as may be established in area, establish one such additional [Anti-Terrorism Court][19] under this Act at the Principal seat of the [each High Court][20] and appoint a Judge of such High Court as a Judge of [Anti-Terrorism Court][21] in consultation with the Chief justice of the High Court concerned, and where a judge of High Court is appointed as a Judge for any area under this Act, he shall be the administrative Judge for that area and such administrative Judge, in addition to the powers exercisable under this Act, either suo motu or on the application of any party, at any stage of the proceedings whether before or after the framing o charge for sufficient cause including as mentioned in sub-s. (1) of S. 28, transfer, withdraw or recall any case pending before any other [Anti-Terrorism Court][22] in that area and may either try the case himself or make it over for trial in any other [Anti-Terrorism Court][23] in that area.
5) The [Anti-Terrorism Court][24] to which a case is transferred or recalled for trial under subs-s. (4), shall proceed with the case from the stage at which it was pending immediately before such transfer or recall and it shall not be bound to recall or rehear any witness who has given evidence and may act on the evidence already recorded ]
14. Composition and appointment of presiding officers of [25](Anti-Terrorism Court)-
1) (1) (Anti-Terrorism Court) shall consist of a Judge, being a person who:-
i) [26][is a Judge of High Court or is] is or has been Sessions Judge or an additional Sessions Judge; or
ii) has exercised the power of a District Magistrate or an Additional District Magistrate or and has successfully completed an advance course in Shariah, (Islamic Law )conducted by the International Islamic University Islamabad; or
iii) Has for a period of not less than ten years been an advocate [27](of High Court)
2) Subject to the provisions of subs. (4) the Federal Government or the Provincial Government if directed by the Federal Government to establish a Court under this Act, shall after consultation with the Chief Justice of the High Court appoint a judge of each Court.
3) A Judge shall hold office for a period of two and a half years but may be appointed for such further term or part of term or part of tem as the Government appointing the Judge may determine
4) Judge may be removed from his officer prior to the completion of the period for which h he has been appointed after consultation with the Chief Justice of High Court.
Explanation. The qualification of being an advocate for a period of not les than ten years may be relaxed in the case of a suitable person who is a graduate from a Islamic University and has studied Islamic Shariah and Fiqah as a major subject.
5) [28][In a case a judge is on leave or for any other temporarily unable to perform his duties the Government making appointment of such judge may , after consultation with the Chief justice of High Court authorize the Sessions Judge, having jurisdiction at the principal seat of the Anti-Terrorism Court to conduct proceedings of urgent nature so long as such judge is unable to perform his duties]
16. Oath by (Anti-Terrorism Court)-
A [29][Member] of (Anti-Terrorism Court)[30] shall at the commencement of a proceeding under this Act, make oath ,, in the case of a Muslim, on the Holy Quran, to the effect that he shall decide the case honestly, faithfully and considering himself accountable t Almighty Allah, and in case of as non-Muslim in accordance with[31] “the constitution, law and his conscience”.
18. Public Prosecutors.-
1) The Provincial Government shall appoint in relation to each Anti-Terrorism Court of Pakistan a proficient, diligent and professionally competent Public Prosecutors or Law Officers and may also appoint one or more Additional Prosecutors or Law Officers:
Provided that the Government may also appoint, to any case or class of cases, a Special Public Prosecutor.][33]
2) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor shall be deemed to be a Public Prosecutor within the meaning of section 492 of the Code, and the provisions of the Code shall have effect accordingly.
23. Power to transfer cases to regular Courts.-
Where, after taking cognizance of an offence, a Special Court is of opinion that the offence is not a scheduled offence, it shall, notwithstanding that it has no jurisdiction to try such offence, transfer the case for trial of such offence to any Court having jurisdiction under the Code, and the Court to which the case is transferred may proceed with the trail of the offence as if it had taken cognizance of the offence.
36. Savings.-
1) Nothing contained in this Act shall affect the jurisdiction exercisable by, or the procedure applicable to, any Court or other authority under any law relating to the Naval, Military or Air Forces or any other armed force of the Government.
2) For the removal of any doubt, it is hereby declared that, for the purposes of any such law as is referred to in sub-section (1), a Special Court shall be deemed to be a Court of ordinary criminal jurisdiction.
“AN EXPERT KNOWS ALL THE ANSWERS – IF YOU ASK THE RIGHT QUESTIONS.” – LEVI STRAUSS
#1: The Woodcutter Clause.
Considering the troubling fact that the last 2-year stint granted to the military courts system brought little tangible change in the number of criminal incidents, & (more importantly) nearly resulted in the grave crime against humanity of the execution of defendants who turned out to be innocent; what protections does the new proposed legislation contain to actually reduce crime in a more efficient way than the lawful judiciary, as well as make certain that there is accountability strict enough to prevent a shoot-first-ask-questions-later strategy this time?
#2: The Ex Post Facto Issue.
The proposed legislation will reportedly be put to a vote no earlier than March 6, 2017; yet, it has been declared in the news media, that it will be effective from January 7, 2017. How does the proposed legislation intend getting around the objection to this approach, raised by Article 12 of the Constitution of Pakistan?
#3: The ATC Competence Question.
Anti-terrorism courts were first established as a new branch of the lawful judiciary by this very administration during its previous tenure (which was unceremoniously – some would say unconstitutionally – ended by then-Chief Of The Army Staff Musharraf). If the military courts system are intended to swoop in for 2 years & then hand any pending cases over to the ATCs, why can’t those same ATCs handle those cases from the beginning?
Satisficing Profits 