Judicial Boundaries: Understanding the Scope of Military Courts in the Pakistani Legal Framework

Abstract

In this article, we will analyze the criminal justice system of Pakistan. This article will provide insight into the system, what guarantees are provided by it, and what are the shortcomings of the system. Furthermore, we will see the role of Anti-Terrorism Courts in convicting the terrorists. In Pakistan's criminal justice system, there are several instruments to deal with terrorism. The criminal procedure code is the basic procedural law that is applied to almost all criminal proceedings. Pakistan penal code is the basic substantive law that contains the definition of the offenses and then also prescribes punishments for them. Since Pakistan has been facing the sedition of terrorism for a long time, it has developed a specific instrument for terrorism that supplements the criminal procedure code and Pakistan penal code. The Anti-terrorism Act of 1997 and the special courts formed under this Act are the specific instruments developed for counting terrorism. Further, the Protection of Pakistan Act and the 21st Constitutional Amendment are all the measures taken in the same regard to eliminate and eradicate terrorism. Before establishing military courts, Pakistan already had a proper judicial system to try the terrorists. Although questions can be raised regarding the performance of the courts, it cannot be denied that proper laws and courts were there before.