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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