ISLAMABAD, April 1: Another constitutional petition was filed in the Supreme Court on Monday, challenging the government decision of inducting military officers as members of anti-terrorism courts.

Unlike earlier petitioners, Rai Nawaz Kharal in his petition stated that Pervez Musharraf, whose rule was validated by the Supreme court, had no mandate to issue any action which militated against the idea of independence of judiciary. The petition has been drafted by prominent constitutional lawyer, Dr Farooq Hasan.

He stated that Gen Pervez Musharraf had no power to undertake to appoint military officers as members of the ATA courts, since his source of authority was exclusively derivable from the Supreme Court judgment in Syed Zafar Ali Shah’s case.

In that judgment, it was specifically held that even amendment power in the constitution did not allow the military regime to affect the independence of judiciary. No civilized legal system allowed military to judge disputes.

The petitioner contended that steps taken by the Chief Executive to assume presidency were void as being in the Armed Forces, “he is civil servant within article 260 of the Constitution.”

He held that induction of an army officer in the judicial process was tantamount to corrupting the legal branch of the state, since it was judiciary alone which was authorised by the Constitution to adjudicate disputes in the country.