Abstract
The judicial system of Pakistan has failed to provide in time justice especially in current
challenging era. The ongoing war on terror and specifically the attack on army public school
Peshawar united both the political leaders and military establishment in Pakistan. They passed a
twenty points’ national action plan and in response agreed upon the establishment of military
courts in Pakistan. For this reason, the 1973 constitution was amended and the military courts
were legitimized for two years. In March 2017, the tenure of the said courts was again extended
for the duration of two years by the parliament. Military courts were, however, criticized by
many people and dubbed it as the fifth military coup in Pakistan. There was criticism on its
procedure regarding violation of the fundamental rights and the right to appeal against these
courts. The paper is an attempt to highlight the worth and limitations of military court in terms of
providing in-time justice and its impact on terrorism. This tries to answer a number of questions
including the reasons to its establishment and flaws in current judicial system. It will highlight
the success or failure of these courts on evidences from its first tenure and need for further
extension.
Dr. Khan Faqir, Dr. Manzoor Khan Afridi, Syed Inam ur Rahman, Dr. Sajjad Ali. (2020) The 21st Constitutional Amendment and the Establishment of Military Courts in Pakistan, Journal of the Research Society of Pakistan, Volume 57, Issue 1.
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