Study Guide:

Articles are taken from the constitution of Pakistan.

The time frame will be taken as of now, September 2024.

Topic 1 : Enforced Disappearances in Balochistan

Article 9:

No person shall be deprived of life or liberty in accordance with law

Article 10:

No person who is arrested shall be detained in custody without being

informed, as soon as may be, of the grounds for such arrest, nor shall he

be denied the right to consult and be defended by a legal practitioner of

his choice.

Enforced Dissapearence:

The enforced disappearances or the missing persons problem as the government

refers to them as, has been a matter of great concern in the past two decades.

According to the Human Rights Commission of Pakistan, the state uses enforced

disappearances as a tool to suppress dissent. In Balochistan, the practice of

forced disappearances dates to the 1970s. According to many forums and

organizations such as the Baloch Yakjehti Movement, claiming to support the

Baloch cause, enforced disappearances and alleged extrajudicial killings have

become a vital tool of the state’s counterinsurgency policy in Balochistan. The

narrative is based on the rhetoric that the victims’ families have sometimes

received sympathy but have never received even an ounce of justice. The state

policy towards the problem of enforced disappearances and extrajudicial killings

has remained one of inaction, but its stance on the issue switches between denial

and justification. According to the Asian Human Rights Commission, enforced

disappearances have become a routine occurrence in Pakistan, and it has been

accepted by the authorities as a normal practice of law enforcement agencies.

The Voice for Baloch Missing Persons (VBMP) has registered thousands of cases

of enforced disappearances in Balochistan. A commission on this issue was

formed on this issue in 2011, which has amicably failed to identify even a single

perpetrator of this heinous crime. There was an amendment made in the PPC

(Pakistan Penal Code), with the addition of the definition for enforced

disappearances and punishments again the said offenses were also defined

which includes imprisonment and fines, as ordered by the court. This was done by

the addition of sections 512 and 513 to the code. At the same time it is important

to remember that not only have the aforementioned claims been categorically

rejected by the executive branch of the state, but such claims have also been

termed as anti-state as well. This is because separatist factions in Balochistan,

such as the Balochistan Liberation Army, have been carrying out terrorist

activities in the region, all in the name of aiming to preserve the Baloch identity

and provide them with the rights that they claim have been denied by the state.

However, their actions continue to jeopardize the peace and security situation in

the region, therefore hindering economic development through investments and

public private partnerships with Chinese companies. According to the ISPR

(Inter-Services Public Relations), at a time when soldiers are losing their lives

everyday on the frontlines, ensuring that no harm comes to the ones who have
placed their trust in them, any such statement, especially the ones without any

proof, are a plot of anti-Pakistan powers such as India

Topic 2 : Military Courts

Article 10A:

The determination of his civil rights and obligations or in any criminal

charge against a person shall be entitled to a fair trial and due process

Military Courts:

On the 16th of December 2014, members of the TTP (Tehrik-i-Taliban

Pakistan) attacked Army Public School in Peshawar, effectively killing more

than 150 students, teachers and military personnel. After this horrific act,

under the National Action Plan, military courts were formed to allow

speedy trials of terrorists. Amendments to both the constitution and the

Army Act were made. Under the new legislation, any terrorist organization

spreading hate towards a particular religion, sect or an ethnicity, can be

tried under military courts. According to this act, some basic rights such

as right of representation is provided under section 2 subsection (VI)

sub-sub-section (e): The accused shall have the right to engage a counsel

of his choice at his trial as provided for in this Act. In case the accused is

unable to engage a counsel due to any reason, the convening authority at

its discretion, may provide a counsel, on request of the accused, at state

expense. However, this facility is only provided after the arrest and no
procedure of bail or parole is defined in the act. One of the controversies

regarding military courts is the lack of procedures disclosure. Neither the

government nor the military disclose the procedure being adopted by

military courts, in order to prosecute cases. The authorities are also

reluctant to share names of the accused persons being charged by the

military courts. Similarly, there is no disclosure of information with

reference to the time and venue of the trials that consequently diminishes

the prospects of public access to such proceedings. So far as

configuration of these courts is concerned, the military court is normally

composed of three to five serving officials, not necessarily possessing any

legal qualifications. Moreover, the defendant can only appeal to an

appellate military tribunal against a verdict, the decision of which cannot

be overturned by any civilian court including the Supreme Court. These

courts are also not in accordance with international law. As article 14 of

the International Covenant on Civil and Political Rights says: All people

shall be equal before the courts and tribunals. In the determination of any

criminal charge against him, or of his rights and obligations in a suit at

law, everyone shall be entitled to a fair and public hearing by a competent,

independent and impartial tribunal established by law. However, the

opposing argument in this case is quite strong as well. The purpose of the

military courts was to ensure speedy trials of terrorists that pose a threat

to national security. Other courts such as the anti-terrorism courts

already have hundreds of cases pending and hence victims are not

provided justice for a long time. As a solution, military courts provide an

alternative way, where there is no room for delay and unnecessary media

attention towards the court proceedings. Thereby making the verdicts

controversial through public discussions. Moreover, terrorists such as

foreign spies must be tried through in-camera trials. This is because they

are responsible for compromising confidential state secrets and assets

which cannot be discussed publicly. One of the most prominent cases is

that of Kulbhushan Jadhav, an Indian spy who was arrested by Pakistani

intelligence agencies in 2016 and has been incarcerated since then.

Furthermore, the perpetrators of the attack on Army Public School in

Peshawar were also sentenced to death through military court. Hence the

efficiency of the military courts cannot be questioned

What Audtionees need to to:

Speech:

.Write about one topic in urdu and other in english.

. Each Speech will be within 45 seconds, it will be the Chair’s choice to

extend this time if the speech is impressive

. You will be addressing the Speaker of the Assembly, audtionees will be

referred as Member of the National Assembly.

. Choice is given to choose which party you are representing, you must

represent your partie’s stance, or consequences.

. During you speech you will address the Assembly, and the Speaker, with

Janab e Aala, or Honourable Speaker.

. If a person is found plagersing or copying someone’s speech will be

disqualified effective immediately.

Style of the Speech:

. It is preferred to give a speech in an emotive voice/style, keeping straight

to the point, but in manycases, the Speaker allows the delegates to bash

the opposition including their failures. Be strong, and speak in a powerful

voice.