Petitions challenging military courts approved for hearing in SC

Published January 22, 2015
The Supreme Court of Pakistan. — AFP/File
The Supreme Court of Pakistan. — AFP/File

ISLAMABAD: The Supreme Court on Thursday approved for hearing petitions challenging the establishment of military courts in the country.

A three-member bench, headed by Chief Justice Nasirul Mulk, will hear the petitions from Jan 28 onwards.

Earlier on Jan 7, a petition challenging the establishment of military courts in the country was filed in the apex court by Moulvi Iqbal Haider. The petition had stated that the amendment made in the Constitution to establish military courts in the country is against its basic structure.

Take a look: Petition challenging establishment of military courts filed in SC

The second petition against the 21st Amendment filed by Pakistan Justice Party Chairman Munsif Malik through Advocate Mohammad Ikram Chaudhry on Jan 9 had pleaded that the political government and military establishment had resurrected the doctrine of necessity which was buried forever by the Supreme Court through the landmark July 31, 2009, judgment holding the Nov 3, 2007 emergency illegal.

The petition had said the armed forces had been given a free hand to interfere in the judicial system without having experience and understanding of law. The military courts have been given a status they are not entitled to under the constitution. These courts will function under the dictates of their superiors since their objective will be to punish the accused and not to dispense justice.

The petitioner had requested the Supreme Court to declare the 21st Amendment and creation of military courts against the salient features of the constitution which guaranteed fundamental rights of fair trial.

Examine: PBC, SCBA weighing options to challenge military courts

Opinion

Editorial

Dangerous law
Updated 17 May, 2024

Dangerous law

It must remember that the same law can be weaponised against it one day, just as Peca was when the PTI took power.
Uncalled for pressure
17 May, 2024

Uncalled for pressure

THE recent press conferences by Senators Faisal Vawda and Talal Chaudhry, where they demanded evidence from judges...
KP tussle
17 May, 2024

KP tussle

THE growing war of words between KP Chief Minister Ali Amin Gandapur and Governor Faisal Karim Kundi is affecting...
Dubai properties
Updated 16 May, 2024

Dubai properties

It is hoped that any investigation that is conducted will be fair and that no wrongdoing will be excused.
In good faith
16 May, 2024

In good faith

THE ‘P’ in PTI might as well stand for perplexing. After a constant yo-yoing around holding talks, the PTI has...
CTDs’ shortcomings
16 May, 2024

CTDs’ shortcomings

WHILE threats from terrorist groups need to be countered on the battlefield through military means, long-term ...