February 7, 2026
Press Release
LAHORE
Speakers at the 6th Asma Jahangir Conference during a session titled “Parallel Legal Systems: Have They Worked?”, noted that due process and even the right to defense was denied by military courts. The participants concluded that civilian courts must be reformed and strengthened so that people are given their due right to a fair trial.
The session was moderated by Abid Saqi, Advocate of the Supreme Court of Pakistan, and featured Ashtar Ausaf Ali, former Attorney-General for Pakistan; Tahir Hussain, former Vice Chairperson of the Human Rights Commission of Pakistan (Balochistan); Zegar Sher, human rights lawyer; and Sher Ali Arbab, Member of the National Assembly of Pakistan from Pakistan Tehreek-e-Insaf (PTI) party.
The session examined whether parallel legal mechanisms—particularly military courts—have delivered justice or whether they have further undermined the constitutional right to a fair trial.
Speakers concurred that such systems were a symptom of deeper institutional failures within Pakistan’s civilian justice framework and posed serious risks to constitutionalism and due process.
Opening the discussion, Ashtar Ausaf Ali questioned the very rationale behind the creation of military courts.
He argued that the demand for such courts does not emerge in isolation but reflects a profound public mistrust in civilian judicial institutions. “Why are military courts needed? Who is creating them? Civilians themselves,” he said, adding that the erosion of confidence in the justice system has compelled people to look for alternatives outside constitutional frameworks.
Human rights lawyer Zegar Sher highlighted serious violations of the right to a fair trial within military courts, particularly in Khyber Pakhtunkhwa. Drawing from his legal experience, he noted that individuals tried and sentenced in these courts were often denied the fundamental opportunity to defend themselves. He stressed that the absence of legal representation and transparent procedures stands in direct contradiction to constitutional guarantees.
Moderator Abid Saqi underscored that parallel legal systems directly challenge the Constitution’s supremacy and weaken civilian courts. He maintained that such arrangements are inherently unconstitutional and shift the jurisdiction away from institutions designed to uphold due process. Emphasizing the need for reform, he stated that unless systemic flaws within the judicial system are addressed, parallel justice mechanisms will continue to surface.
From a legislative perspective, Sher Ali Arbab, an MNA from Pakistan Tehreek-i-Insaaf(PTI) participated in the session via Zoom, linking the rise of parallel legal systems to the state’s failure to ensure timely justice. Referring to Article 37(d) of the Constitution of Pakistan, he argued that delays in the justice system create a dangerous vacuum.
“When the state fails to deliver fast and expeditious justice, a dangerous vacuum is created—fueling parallel justice systems like Taliban style in Swat, because then people don’t think about their extremist ideologies,” he said, calling for urgent legal and institutional reforms to restore public trust.
The participants said while parallel legal systems may appear to offer swift justice, they ultimately weaken democratic institutions, undermine constitutional protections, and compromise fundamental human rights. Speakers collectively emphasized that restoring confidence in civilian courts through reform, accountability, and efficiency is essential to safeguarding the right to a fair trial.
The session concluded with a consensus that parallel justice systems are not a sustainable solution and that meaningful reform of Pakistan’s legal system is critical to upholding the rule of law and constitutional supremacy.