Former CJ Iftikhar Chaudhry says military courts 'unconstitutional'
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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
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Comments (64) Closed
Dec 30, 2014 01:56pm
Sir please tell me what is constitutional in Pakistan. It is just a book.
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Dec 30, 2014 02:04pm
Ex-Chiefdom shades should not be reflected on the current dire terror situation in Pakistan. It is fact that constitution has been drafted and implemented to protecting the rights of the people in justice dispensation with free trial facility by an independent court, but the dispensation of justice has never been fair, independent nor in line with the true spirits of the judicial norms. The constitution was drafted by human beings so it can be amended by the human beings by gauging the tendencies of the judicial system that has never been established uninfluenced. The proverbial fact that remains proven factor “Necessity is the mother of invention” we need Pakistan to be free of terrorist activities to protect and safeguard the human rights of each individual of the entire nation.
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Dec 30, 2014 02:07pm
And what this independent judiciary has given to us. Petrol is selling at 84.9 comparison to 57 $ per barell that means it shud be at 65 PKR
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Dec 30, 2014 02:08pm
Really and what constitutional thing you did while you were in that chair?
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Dec 30, 2014 02:08pm
Yes let the terrorists let loose to kill more innocent people. There are many examples where these terrorists are freed by our courts. We are at war and during war military courts are best solution for speedy trial and need of the time. In civil courts it takes years to have a decision.
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Dec 30, 2014 02:09pm
Releasing all TTP and LeJ members was unconstitutional Mr. You are no more n plz stay quite.
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Dec 30, 2014 02:17pm
and cutting throats of military personel by the TTP is constitutional? Killing little school kids is constitutional? please leave the constitution out of this!
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Dec 30, 2014 02:28pm
Was the judiciary independent when you were CJ of SC? The answer is big no; because for your personal gains and media popularity, you let loose the advocates of Pakistan on every institution of Pakistan and in the process you literally destroyed your own institution i.e. judiciary particularly the District Judiciary. The apparent failure of civil judiciary to come to the expectation of the people of Pakistan is mainly for the negative role played by the Advocates of Pakistan. They are responsible for prolonging the litigation and delay in conclusion of trials. Only due to you, Mr. Ex-CJ majority of saner elements/people of Pakistan are supporting the establishment of Military Courts in Pakistan.
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Dec 30, 2014 02:29pm
considering that courts have yet to provide any real justice, the courts themselves are considered then unconstitutional and should be desolved!!
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Dec 30, 2014 02:35pm
Here we go again. Can we ever do something good for our country without any hurdles.
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Dec 30, 2014 02:40pm
What kind of independent judiciary where justice is avilable only for elit class, where judges are appointed on political affiliations, where judges family members are appointed on high posts as regard of their decisions, the whole judiciary system should be reviewed,that the need of time.
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Dec 30, 2014 02:44pm
When an institution including Constitutional institution like judiciary fails to perform their constitutional duties and that too consistently people in democracy have a right to find solutions. In any constitution the most important stakeholder is people.
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Dec 30, 2014 02:50pm
I think IK something said that someone planned and rigged election 2013?
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Dec 30, 2014 03:01pm
He is absolutely correct. I love Iftikhar Ch. I respect him a lot ... He was an honest person to my country. Thank you sir for caring people.
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Dec 30, 2014 03:03pm
apologists resurfacing
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Dec 30, 2014 03:03pm
He should keep quiet rather than trying to say anything, as in his term many things have gone un-constitutional.
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Dec 30, 2014 03:05pm
Was it constitutional to release thousands of terrorists? Should one suppose that justice dies on the pretext of weaker prosecution?
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Dec 30, 2014 03:07pm
Thus man should be tried for treason.. He is responsible single handedly for releasing terrorists captured in action. The people who killed our soldiers in the operations were freed by him. Not one man was convicted. It does not take rocket since to understand the mindset of a man who failed FA and still went on to become CJ of Pakistan. With his level of competence, I refuse to trust anything he says.
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Dec 30, 2014 03:11pm
Salute to this man for not joining the hysterical, short-sighted crowd. It takes real courage to stand against the wave where the crowd by the hordes already jumped in.
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Dec 30, 2014 03:11pm
it is better to keep sleep!!
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Dec 30, 2014 03:13pm
The Lawyers Brotherhood Must not Resist Military Courts
Otherwise the Lawyers Brotherhood will be splintered and lost for ever.
Military Operation and Military Court is the lone possible and appropriate answer to Militants.
To comprehend the roots of the extremism one must go through the Muslim History, particularly the Battle of Nehrawan, led and fought by fourth Caliph, Ali Bin Abi Talib (RA) Karamallah Wajhu!
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Dec 30, 2014 03:17pm
CJ is absolutely correct. we Pakistani need to come out of emotions and think about constitution, We Pakistan always think about shortcut of any issues & problems, which lead us to the current situation. Pakistani please don't go for shortcut and develop a process and system, otherwise for next 100 years you will stay in same bad system..
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Dec 30, 2014 03:18pm
Ex-Chiefdom shades should not be reflected on the current dire terror situation in Pakistan. It is fact that constitution has been drafted and implemented to protecting the rights of the people in justice dispensation with free trial facility by an independent court, but the dispensation of justice has never been fair, independent nor in line with the true spirits of the judicial norms. The constitution was drafted by human beings so it can be amended by the human beings by gauging the tendencies of the judicial system that has never been established uninfluenced. The proverbial fact that remains proven factor “Necessity is the mother of invention” we need Pakistan to be free of terrorist activities to protect and safeguard the human rights of each individual of the entire nation.
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Dec 30, 2014 03:19pm
This has an implied meaning that your role CJ was Constitutional.
Right, then what you had done?
Why common people have this feeling that you are a contributor to terrorism in Pakistan?
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Dec 30, 2014 03:19pm
Military Courts are constitutional or not is not a concern, eliminating terrorism is. Mr Justice took suo-moto action on Atiqa Odho's alcohol bottles beacuse that was against customs and traditions of Islamic Pakistan, but when several notorious terrorists were being released by same courts under Mr Justice's nose why he didn't bothered to take any suo-moto action then? What sin had the public committed then?
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Dec 30, 2014 03:21pm
Hypocrisy ! Taking oath in 1999 under martial law was constitutional and now military court is unconstitutional
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Dec 30, 2014 03:22pm
Height of insanity! On one side our country is in dire need of bringing this terrorism to halt, whereas these people are talking nonsense who have nothing to do with this.
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Dec 30, 2014 03:23pm
Any half wit can say that something is not possible. It takes a man with brains to offer solutions. Mr ex-Chief Justice, so if military courts are unconstitutional, where do we go from here ? Keep on getting our innocent people killed? Please offer solutions which can be immediately implemented.
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Dec 30, 2014 03:25pm
and where is "Independent" judiciary? you give 26 years prison for prank calls and release murderers and send your own son's case to a committee rather than to courts.
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Dec 30, 2014 03:33pm
Is doctrine of necessity constitutional.
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Dec 30, 2014 03:43pm
If I was a judge, either current for former, I would hang my head in shame for bringing this country to where it is today. Only if we had semblance of justice in this country, we could have been a completely different nation. This man was given God Sent opportunity to alter the course of history - alas!! he floundered it in a royal way.
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Dec 30, 2014 03:48pm
He hasn't condemn Peshawar school killing, for him was that constitutional?
He has never condemn sectarian killing because he has been supportive to extremist banned outfits and made many decisions in the favor of terrorist during his tenure. I personally never observe any constructive message in his statements. To me he is a ghadar along with his son, who have made millions on the expense of common people and daddy help him to make money and use the protocol. His son was not trial in the court that is our Pakistan ex-CJ loyal to his master Nawaz Shareef. Both have cheated the mandate of People of Pakistan and rigged the election. He still think he has a face to come in public and make such statements. Hate him to the max!!!
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Dec 30, 2014 03:48pm
True! taking oath from an army chief was all Kosher for you!
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Dec 30, 2014 03:55pm
Sir, your whole tenure was unconstitutional. You were the CJ of PML-N and in that you destroyed the Judicial system.
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Dec 30, 2014 03:58pm
Constitution? you mean that document the ruling elite selectively quotes to keep their interests, hold on the neck of the poor and their cronies from getting threatened?
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Dec 30, 2014 04:01pm
He was CJP for so many years did he provide any justice to the victims of terrorism
?If he had done his job we would not need any Military courts !
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Dec 30, 2014 04:10pm
His statement is perfectly right but we don't have independent judiciary.
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Dec 30, 2014 04:12pm
I am watching with some satisfaction as all the "paragons of virtue" are condemning the military courts.
Surely they never engaged in terrorist activities and are beyond the purview of these courts if they are formed?
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Dec 30, 2014 04:13pm
While the civilian judiciary will remain detached and toothless in it's prime function to deliver effective justice to the menace of terrorism that is plaguing our country then 'retired, inept characters' should not be afforded public platforms to air their opposition to alternative means to do their dirty work!
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Dec 30, 2014 04:19pm
The Judiciary is independant, really only if you have connections and can afford to bribe the judges. How many real convictions have been acheived in the past year. All the judiciary seems to do is take notices and stay orders. Radical circumstances require radical solutions and if this means military courts then so be it.
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Dec 30, 2014 04:19pm
@Dr. Abdul Manan .... He was an equally corrupt person who did with judiciary what Musharraf did with army. It was in his tenure that a person declared mentally insane by the courts became president of Pakistan. He never persecuted any political leader but the ones considered disposable assets... Let be a bit more sensible before bring loyal
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Dec 30, 2014 04:23pm
I dont recall a single worthy case this man dealt with? Can someone remind me please.
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Dec 30, 2014 04:23pm
@Khalid we don't need a system that he left behind. Judiciary should perform... Not conform... Corruption is rampant and not even one case has heldup in court. Mr 10 percent has also been let go... Clean chit and bragging right to justice served... Good job...
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Dec 30, 2014 04:26pm
@Khalid, We only have to think to make Pakistan very safe as it used to be in 60s & 70s with democracy or Martial law. What will this make difference about our rights. Any how, we do not have peace with Terrorists ruling the country.
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Dec 30, 2014 04:26pm
@Khalid What on earth is wrong with people like you. Talking as if the constitution is something from God that cannot be changed. This constitution has delivered nothing and it needs to be ripped to bits and re written from scratch.
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Dec 30, 2014 04:29pm
PCO I and II were constitutional?
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Dec 30, 2014 04:35pm
.......and so the Constitution is being amended.
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Dec 30, 2014 04:46pm
Mr. ex CJ, please stop talking about what is wrong and what is right in Pakistan. You and your son have no interest in Pakistan and Pakistanis. You fooled the nation for quite a while, it is time for you to enjoy you retirement and ponder about the things you should have done as the CJ of Pakistan. One thing that comes to mind is the fact that you never told the nation that you have eradicated the bribe culture from Pakistan's judiciary. Did you?. You had everything going for you but you wasted your time interfering in politics and being biased. What a shame. I wonder if there is any law under which an ex CJ can be brought to justice for not performing his duties?.
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Dec 30, 2014 04:48pm
He is partly responsible for failure of judiciary
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Dec 30, 2014 04:53pm
@Hasnain Haque I can't remember a single significant judgement by him.
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Dec 30, 2014 05:17pm
He is probably right ... but remains a big disappointment. This guy had the opportunity to reform the judicial system of Pakistan - but spent all his time chasing press conferences.
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Dec 30, 2014 05:21pm
Look who is talking.Any single reform he has carried out to ease the plight of common Pakistani in judicial system which is so sluggish and corrupt.Any formulation of policy,any famous judgement.Terrorists flourished and left to play havoc with common citizens.For abnormal environment,we need out of box measures to punish the enemy of Islam and humanity.CJ Sahib you have committed criminal negligence by not contributing anything positive,now keep quite
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Dec 30, 2014 05:27pm
No elected Govt or Parliament can change the basic structure of constitution in a Democracy.
All that it can do is to create special courts like ATC with special powers. Now they may also put time limits and quantum of punishment.
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Dec 30, 2014 06:13pm
YOU were ' unconstitutional' Iftikhar Chaudhry !!!
YOU are to be blamed for all so called ' unconstitutional '
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Dec 30, 2014 06:13pm
A sane and wise voice. It is better for Government to leave aside one controversial thing and implement other nineteen points, on which all parties were agreed. Make ATC more powerful and result oriented with consultation of Chief Justice of Pakistan.
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Dec 30, 2014 06:25pm
If he would have done his work properly than this would have not happened.
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Dec 30, 2014 06:51pm
Mr Chef Justice, how many terrorist hanged by your independent judiciary?
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Dec 30, 2014 09:59pm
When judges are afraid to pronounce judgments or not taking up cases or delivering biased judgement because of pressure or a telephone call, when Lawyers get shot or a large section of them too radicalized, when police don't function, when cases linger on and judges are forced to prosecute common criminal cases under ATC, what independence are you talking about?
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Dec 31, 2014 12:36am
Mr. EX C.Justice, is it correct you took oath under PCO and was it constitutional?
Is it correct that Arsalan Ch is your son? and if Yes is it correct that he misused your office and took advantage in billions and was it constitutional?
Can you keep out of politics Please, you have no future in it and you must surrender the wealth accumulated to NAB.
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Dec 31, 2014 01:01am
@shezad Very well said.
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Dec 31, 2014 01:22am
One law for all citizens whether or not in uniform of Police or Military. That would be justice.
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Dec 31, 2014 01:32am
In war military courts are legal because why are fighting with the enemies of our nation. Iftikhar does not know all this. Continue establishing military courts and keep hanging our enemies.
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Dec 31, 2014 02:36am
I am amazed that Former CJ Iftikhar Chaudhry is still talking, I thought he is fully aware of how public feels about him.
Mr. Choudhry should return the bullet proof cars and the police guards if he believes he is so popular.
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Dec 31, 2014 01:13pm
@khan saheb No its was personal intrust
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