Former CJ Iftikhar Chaudhry says military courts 'unconstitutional'

Updated December 30, 2014

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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