The Doctrine of Necessity"

The landmark Supreme court (Sc) judgment validating Parliament's enactment of laws authorizing trials of terrorists by military courts was widely hailed throughout the country. Greeted with a sigh of relief, public opinion registered a massive surge of hope and aspiration. The Sc ordered that the military courts adopt the basic principles and procedures of a fair trial for orders and sentences. Subject to judicial review by the superior courts, the legal position of their judgements will not be radically different from that the customs or tax tribunals are subject to.

In keeping with the overwhelming public opinion, the plurality Sc judgement avoided direct conflict with the army, the government and a unanimous Parliament while explicitly addressing the fears that military courts could keep on enhancing their jurisdiction by observing that trials of civilians by court martial are an exception and can never be the rule." In his dissenting opinion, Justice Saqib nisar quoted the uS Supreme court judgement in the Marbury vs Madison case" which adroitly mixed judicial innovation with judicial pragmatism as an act of high judicial statesmanship".

The Mian nawaz Sharif govt deserves credit on two counts viz (1) taking cognizance of the deficiencies in our law enforcement and judicial system by bringing in military courts for a limited period within defined constitutional parameters to ensure the rule of law being taken to its logical and practical conclusion, and as such (2) heading off inevitable autocratic rule if the democratic dispensation from Parliament was not forthcoming, the patience of the khakis was wearing thin! Mian nawaz Sharif personally deserves plaudits for listening to the sane voices in his cabinet, over-riding the...