Wednesday, April 19, 2017

Final Exam: Pakistani Military Justice (3 credits)

A Pakistani mob has lynched a student suspected of blasphemy. A committee of the country's Senate is demanding that the case be tried before a military court. The civilian courts are open. Murder is a crime under Pakistani law.

1. Is this a proper use of a military court, even by the standards of the 23rd Amendment to the Constitution of Pakistan and the Pakistan Army (Amendment) Act, 2017?

2. Is it a violation of separation of powers and prosecutorial independence for a legislative body to attempt to exert pressure in this way?

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