In an obvious reference to the National Assembly, which made no objection over the establishment of military courts in the country, despite reservations from some quarters, the Senate Secretariat said that it had taken notice of the sunset clause in the Constitution 21st (Amendment) Act, 2015, dealing with the establishment of army courts.
"The general perception created in the media that the Parliament did act with respect to the sunset clause in the Constitution Twenty-first (Amendment) Act, 2015, dealing with the establishment of army courts, is not correct," said a statement issued by Raza Rabbani-led Senate Secretariat.
"This impression is factually incorrect as the Senate of Pakistan, House of the Federation, has always remained conscious that the Parliament of Pakistan legislated for establishment of military courts, for speedy trial of terrorists, as an exceptional step," it added.
However, this special measure shall come to an end in January 2017 as the Constitution (Twenty-First Amendment) Act, 2015 provides a sunset clause, according to which, the provisions of the said Act shall remain in force for a period of two years from the date of its commencement. Therefore, a Committee of the Whole House was constituted on May 18, 2015. The committee recommended two draft bills and special measures to improve the existing legislative and administrative mechanism for combating terrorism.
The report of the committee was adopted by the House on December 31, 2015 and thereafter it was sent to the government for implementation. The two bills namely the Anti-Terrorism Act (Amendment) Bill, 2015 and the Witness Protection Bill, 2015 were piloted by Senator Raja Muhammad Zafar-ul-Haq, Leader of the House, Senator Aitzaz Ahsan, Leader of the Opposition, and all parliamentary parties leaders in the Senate namely Senator Colonel (Retd) Syed Tahir Hussain Mashhadi, Senator Hasil Khan Bizenjo, Senator Saeed Ghani, Senator Muhammad Talha Mahmood, Senator Mushahid Hussain Sayed, Senator Iqbal Zafar Jhagra, Senator Muhammad Usman Khan Kakar, Senator Dr Jehanzeb Jamaldini, Senator Baz Muhammad Khan, Senator Hidayat Ullah, Senator Nauman Wazir Khattak, Senator Sirajul Haq and Senator Syed Muzafar Hussain Shah.
The Senate of Pakistan unanimously passed the said bills on January 18, 2016 and the bills were transmitted to the National Assembly. The Bills were passed with the intent to initiate the process of legislation well before time as well as to provide a baseline to the government for further improvising on the same. The Senate of Pakistan, being cognizant of its constitutional role, has already proposed a mechanism for filing the vacuum for combating terrorism in the country, which may occur after January 07, 2017.