DATE=2/17/99
TYPE=CORRESPONDENT REPORT
NUMBER=2-245633
TITLE=PAKISTAN MILITARY (L)
BYLINE=AYAZ GUL
DATELINE=ISLAMABAD
CONTENT=
VOICED AT: 

INTRO:  PAKISTAN'S SUPREME COURT HAS RULED (WEDNESDAY) AGAINST 
MILITARY COURTS ESTABLISHED LAST YEAR BY PRIME MINISTER NAWAZ 
SHARIF.  AS AYAZ GUL REPORTS FROM ISLAMABAD, RULINGS OF THE 
SPECIAL TRIBUNALS CREATED TO FIGHT TERRORISM IN KARACHI HAVE 
RESULTED IN THE EXECUTION OF TWO MEN.

TEXT:  THE SUPREME COURT HAS RULED USING THE MILITARY TRIBUNALS 
TO TRY CRIMINALS IS UNCONSTITUTIONAL.  IT REJECTED THE 
GOVERNMENT'S PLEA THE SPECIAL COURTS ARE NEEDED TO EXPEDITE 
JUSTICE.

THE UNANIMOUS RULING OF THE COUNTRY'S HIGHEST COURT IS SEEN AS A 
MAJOR BLOW TO PRIME MINISTER NAWAZ SHARIF'S EFFORTS TO CHECK  
VIOLENCE IN KARACHI -- PAKISTAN'S LARGEST CITY.

THE SUPREME COURT ALSO SET ASIDE SENTENCES ISSUED BY THE MILITARY
COURTS.  TRIBUNAL RULINGS HAVE RESULTED IN THE EXECUTION OF TWO 
MEN AND SEVERAL OTHERS CONVICTED BY THE SPECIAL COURTS WERE 
AWAITING EXECUTION.

SUPREME COURT LAWYER AKRAM SHEIKH SAYS THE RULING HAS UPHELD THE 
CONSTITUTION OF PAKISTAN.

                        // SHEIKH ACT //

         IT IS A GREAT JUDGMENT IN AS MUCH AS IT ARRESTS THE 
         MENACE OF UNCONSTITUTIONAL STEPS AND DEVIATION FROM THE 
         CONSTITUTION, LIKE SETTING UP OF THE MILITARY COURTS ON 
         THE PRETEXT OF EXIGENCIES AND STATE NECESSITY.

                          // END ACT //

PRIME MINISTER NAWAZ SHARIF SET UP THE MILITARY COURTS LAST 
DECEMBER, SAYING THEY WOULD EXPEDITE JUSTICE.  HE COMPLAINS SLOW 
TRIALS BY CIVIL COURTS HAVE ENCOURAGED TERRORISM IN KARACHI -- 
WHERE 800 PEOPLE HAVE DIED IN POLITICAL AND ETHNIC VIOLENCE 
DURING THE PAST YEAR.

MR. SHARIF'S POLITICAL OPPONENTS AND HUMAN RIGHTS GROUPS HAVE 
CONDEMNED THE MILITARY COURTS, SAYING THEY VIOLATE SUSPECTS' 
RIGHTS TO A FAIR TRIAL AND COULD BE USED TO VICTIMIZE POLITICAL 
RIVALS.

THE SUPREME COURT RULING ORDERS CASES BEFORE THE MILITARY COURTS 
BE TRANSFERRED TO EXISTING SPECIAL CIVILIAN COURTS DEALING WITH 
TERRORISM.   (SIGNED)

NEB/AG/RAE

17-Feb-99 10:07 AM EST (1507 UTC)
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Source: Voice of America
.