Military courts: SC issues notices to attorney general, advocates general

E-Paper | April 24, 2026

ISLAMABAD: During the hearing of a case pertaining to the establishment of military courts in the country, the Supreme Court on Wednesday issued notices to the attorney general and the advocates general of all four provinces.

A three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, heard a petition filed by the Lahore High Court Bar Association (LHCBA) challenging the establishment of military courts under the 21st constitutional amendment.

The petition was filed by LHCBA President Advocate Shafqat Chauhan along with Advocate Hamid Khan.

The petition contends that military courts violate rights of citizens listed in Article 8 of the Constitution and were therefore unconstitutional.

After hearing the arguments, the court issued notices to the attorney general and the advocates general of the four provinces and adjourned the case to Feb 12.

The LHCBA is of the view that the 21st Amendment is against the basic structure and features of the Constitution and that the amendment abrogates the fundamental rights of the people of Pakistan guaranteed in the Constitution.

The petition argues that the very concept of citizens being tried by special military courts was simply shocking, absurd and an invasion of the judiciary’s remit, adding that such a procedure could not be allowed to sustain.

The association, the petition explained, was fully cognisant of the principles relating to the authority of the Parliament to amend the Constitution, yet, it is an undeniable fact that the Parliament’s power is not unlimited and it cannot pass an amendment that abrogates fundamental rights.

The petition said that the judiciary was a guardian and guarantor of the fundamental rights of the people, particularly in relation to equality before the law, equality of status, equality of opportunity, freedom of expression, belief, faith, worship and association and rendering of social, economic and political justice.

These rights would be of no consequence unless there was an independent judiciary available to guarantee and enforce them.

Take a look: SC to take up pleas against 21st Amendment

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Husain Jan

Jan 28, 2015 12:15pm

It is quite possible that the petitioner has approached court to rule against military courts at the behest of PM / N-league. The PM was reported to have agreed for setting up of military courts under pressure and he would be more than happy if court rules in favour of petitioner. This way he would be able to have the cake and eat it too !!

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Faran Ali

Jan 28, 2015 12:19pm

Isn't it just a waste of time. When its done its done. Simple. The CJP should have taken a "Suo Motu" when it all started. Now hearing various petitions and issuing notices is waste of time and money.

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khanm

Jan 28, 2015 01:02pm

our constitution was made for a moral and a religious reason. It is wholly inadequate if it does not serve the purpose. We are confident that the Supreme Court will soon see the direction that this country is headed and enshrine that the law and justice prevails and is not used for the political motives behind it..

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Sharath Chandra

Jan 28, 2015 01:38pm

It is sad that the Country has lost faith in its institutions . Will Lakvi be tried in Military Courts ?

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Mahboob Mohsin

Jan 28, 2015 01:57pm

The weak and lazy civilian justice has led to this marriage of convenience. No use crying over spilt milk now. Better strengthen the civilian 'institutions' now lest there should be another 'soft military intervention' next time may be.

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Arslan

Jan 28, 2015 02:19pm

Yet more charades by a system which denies justice and espouses virtue and morality. When hypocrites are ruling it is to be expected.

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Ati Khan

Jan 28, 2015 02:54pm

@Husain Jan are you saying, Hamid Khan, from PTI is working for PMLN and NS? He is one of the lawyer challenging the military courts.

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Haider Rehman

Jan 28, 2015 02:55pm

Why doesn't SC take suo moto notice of 30000 Pakistanis martyred as result if terrorism?

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Tariq, Lahore

Jan 28, 2015 04:12pm

The civilian system neither protects or protected those in need. An utterly useless institution that has become a burden on the country!

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IMRAN QASIM

Jan 28, 2015 04:49pm

Military courts were made due to failure of civil courts. Pakistanis need speedy justice no matter it comes from which court. Whoever is faster and just is best

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sajid

Jan 28, 2015 05:15pm

Military courts are a joke to law and justice, they should be disbanded.

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sajid

Jan 28, 2015 05:17pm

Military leadership should realize that military's absolute failures can not be hidden under military courts.

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Nazir Ahmed

Jan 28, 2015 05:48pm

Please let the military courts do the justice, while you finish thousand of cases pending on your desk for years.

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MAlvi

Jan 28, 2015 06:01pm

Of course military courts in a democracy is not desirable, but it is because of the failure of civil justice system. Military courts are organized for two years to overcome this problem. Let them do this job. Pakistani people are not having freedom any way.

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Haroon Rashid Khan

Jan 28, 2015 06:21pm

please leave the matter in hands of Military. Remember, whenever one system fails, another one comes to take its place.

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ALi

Jan 28, 2015 06:29pm

Military courts are formed because you were incapable of doing your job. Just get over it and stop creating hurdles.

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Riaz

Jan 28, 2015 06:45pm

Stop supporting terrorists please. If necessary, treat these people as sympathizers of the terrorists. No one should be allowed to cause any hurdle in functioning of the Military Courts. May be government makes a law terming opposition to the Military Courts a crime, to be tried by the Military Courts.

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sajid

Jan 28, 2015 07:54pm

@Haroon Rashid Khan but military itself has failed terribly. how can it run courts?

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Junaid

Jan 28, 2015 08:42pm

why we are not surprised. This was bound to happen and every one knew before the establishment of military courts that this would violate the basic structure of the courts system. The govt. with their failed policies had no choice but to listen to the army and now they are on the sideline watching the clash of the Establishment and the judiciary. While these 2 will fight a turf war, our politicians will be busy accumulating wealth with corruption and commissions.

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abbas

Jan 28, 2015 09:23pm

Law apply to those who accept the law.

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Jan 28, 2015 09:41pm

@hussain jan: yes you are right and pm couldnt find any other petitioner apart from an active member of pti or they all are together behind the scenes?

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Nawazish Ali

Jan 28, 2015 09:53pm

21st Amendment is a peoples verdict against the incompetence and inefficiency of civilian justice system as it gives protection to terrorists and killers or delays the justice to the victims for as long as it can. Those who have personally experienced both the civil and military courts will definitely say that military courts are many times more just, efficient and incorruptible. The criminals always prefer civilian courts but their unfortunate victims always go for military courts..

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Imran

Jan 28, 2015 11:15pm

Lawyers are now crying over military courts. The reason is because some of them will loose their illegitimate earnings. What a pity. Dear lawyers, civilian Law and Justice system is so weak that instead of punishing guilty, innocent people have been suffering at the hands of so-called judicial justice system. Counsels have biggest role in exploiting and humiliating ordinary folks. They charge from them extraordinary amount and behaves like their masters. In the end, there is no guarantee what is going to be happened with them: justice or punishment instead. These advocates, for their own benefits, play with sentiments of the people. They are the biggest players in misleading masses.

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Walayat Malik

Jan 29, 2015 01:07am

Military courts should not be set up when we have civilian government in place-duly elected. Politicians have been coerced by military brass to accept the establishment of such courts. I hope SC decides in favor of the petitioners, and does not reinvent another doctrine of necessity.

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Reality Bites

Jan 29, 2015 02:45am

Lahore High court bar association (LHCBA) is on the side of the religious extremists as seen in their support for Mumtaz Qadri. They wont be able to intimidate the military courts when such cases as Qadri's go in the military courts, so they see this as a challenge to their fanatical ideology. Don't give a heed to these useless miscreants and start serving justice through military.

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Jalaluddin S. Hussain

Jan 29, 2015 05:48am

The following stance makes a lot of sense: "The petition said that the judiciary was a guardian and guarantor of the fundamental rights of the people, particularly in relation to equality before the law, equality of status, equality of opportunity, freedom of expression, belief, faith, worship and association and rendering of social, economic and political justice. These rights would be of no consequence unless there was an independent judiciary available to guarantee and enforce them." Let both the sides of the Petition deliberate carefully before the Supreme Court - the final arbiter of the Constitution of Pakistan!

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ayesha

Jan 29, 2015 06:34am

Military courts are set up yet someone like Abdul Aziz Ghazi is allowed to make sermons from his home rather than be convicted, tried and hanged for inciting violence against the army. Up till now the military courts are another facade or simply opposite side of the same coin as the civilian courts. What about Uzair Baloch? He should be tried too yet he is still in Dubai and nobody's heard his return to Pakstan as yet when the military could have intervened somehow.

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Naeem Sajjad

Jan 29, 2015 07:29am

Had the petitioners gone through any incident like that of peshawar,they would not have tilted against military courts. The worse is these are lawyers who are moving against these courts as they are well aware of the drawbacks of our constitutional courts.

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