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Analysis: Justice under scrutiny
The Supreme Court in Karachi where Nawaz Sharif stands trial |
By Zafar Abbas in Islamabad
The demand by international human rights groups for a free and fair trial under a more acceptable judicial process is understandable.
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However, for Nawaz Sharif, the irony is that he has remained the biggest advocate of this system, and it is now difficult for him to question their functioning.
The system of speedy justice is not a new phenomenon in Pakistan.
In different forms, such courts have been in place for the more than a decade. Even anti-terrorism courts have been operating in the country for the last few years.
The rationale for this system of speedy justice was that since the existing civilian courts were already over-burdened with tens of thousands of cases, it was not possible for them to dispose of cases of terrorism, which the authorities felt needed to be dealt with in a swift and firm manner.
Controversy
But these courts became highly controversial in the last few years when successive governments started to appoint judges of their own choice, and the courts were used against political opponents.
Difficult for Nawaz Sharif to question fairness of courts |
The Supreme Court also took away the powers of the government to appoint the judges for these courts at will, and instead laid down certain guidelines for the selection of judges, as well as for the system of appeal.
The anti-terrorism courts, as they exist now, are single judge courts.
The judges are appointed with the approval of the chief justices of the respective provincial high courts.
Checks and balances
These courts function under the amended Anti-terrorism Act, and have powers to decide all cases of terrorism, communal violence, murder and other serious crimes, and to hand down sentences, including the capital punishment.
Many legal experts say that even if the speedy disposal of case by an anti-terrorism court is not in line with the international standards of justice, the right of two appeals in the country's superior courts provides a sufficient check against any complaints of unfair practice or miscarriage of justice.
But although human rights groups are raising questions about the fairness of the system, it remains extremely difficult for Nawaz Sharif to question the fairness of his trial.
No military tribunal
He was after all an architect of the present system.
Military courts will not be trying the former prime minister |
The military courts had started to function in Karachi on Mr Sharif's instructions earlier this year, during which time two people were hanged.
Had the Supreme Court not intervened to declare the courts unconstitutional, they would still be operating, and one of them would now have been holding Nawaz Sharif's trial.
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See also: |
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29 Nov 99 | South Asia |
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Curbs on Sharif trial |
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24 Nov 99 | South Asia |
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Trial blow for Sharif |
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10 Nov 99 | South Asia |
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Sharif charged with murder plot |
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22 Nov 99 | South Asia |
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Military takeover challenged in court |
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11 Nov 99 | South Asia |
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Pakistan's coup: The 17-hour victory |
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