Former CJ Iftikhar Chaudhry says military courts 'unconstitutional'

Published December 30, 2014
Former Chief Justice Iftikhar Mohammad Chaudhry. — AFP/File
Former Chief Justice Iftikhar Mohammad Chaudhry. — AFP/File

ISLAMABAD: Former chief justice Iftikhar Mohammad Chaudhry on Tuesday said establishing military courts in the country to try terror suspects is unconstitutional.

The former chief justice was speaking to media representatives in the federal capital.

“Military courts are illegal and unconstitutional. The basic structure of the Constitution guarantees an independent judiciary, and military courts courts cannot be established in the presence of an independent judiciary,” Chaudhry said.

The former chief justice also said that no amendment or law can be made which challenges the fundamental basis of the Constitution.

Examine: Several amendments needed for setting up military courts

In the wake of Peshawar school tragedy all parliamentary parties had decided on Dec 24 to set up special courts to be presided over by army officers for trying suspected terrorists.

Moreover, as the Supreme Court had declared in 1999 the setting up of military courts as unconstitutional and illegal, therefore, the political leadership decided to amend the Constitution to provide constitutional cover to the proposed special courts.

Read: Misuse of military courts will not be allowed, vows Zardari

Opinion

Editorial

IMF’s projections
Updated 18 Apr, 2024

IMF’s projections

The problems are well-known and the country is aware of what is needed to stabilise the economy; the challenge is follow-through and implementation.
Hepatitis crisis
18 Apr, 2024

Hepatitis crisis

THE sheer scale of the crisis is staggering. A new WHO report flags Pakistan as the country with the highest number...
Never-ending suffering
18 Apr, 2024

Never-ending suffering

OVER the weekend, the world witnessed an intense spectacle when Iran launched its drone-and-missile barrage against...
Saudi FM’s visit
Updated 17 Apr, 2024

Saudi FM’s visit

The government of Shehbaz Sharif will have to manage a delicate balancing act with Pakistan’s traditional Saudi allies and its Iranian neighbours.
Dharna inquiry
17 Apr, 2024

Dharna inquiry

THE Supreme Court-sanctioned inquiry into the infamous Faizabad dharna of 2017 has turned out to be a damp squib. A...
Future energy
17 Apr, 2024

Future energy

PRIME MINISTER Shehbaz Sharif’s recent directive to the energy sector to curtail Pakistan’s staggering $27bn oil...