21st Amendment: Lawyers to challenge military courts in SC

They argue the Act shall be ultra vires of the basic structure of the Constitution

KARACHI: The Sindh High Court Bar Association (SHCBA) decided on Wednesday to challenge the establishment of military courts through 21st Amendment to the Constitution in the Supreme Court (SC).

The SHCBA president Abid S Zuberi and honorary secretary would jointly file a constitutional petition in this regard.

It was decided during a general body meeting convened to consider the formation of military courts to try offence of terrorism.

The lawyers said the SHCBA firmly stands behind the government and the armed forces in the war against terrorism and condemned the brutality committed by terrorists to the innocent people, including the students of the Army Pubic School in Peshawar.

“This association was of the view that any amendment for setting up military courts for trial of terrorists by amending the Constitution of Pakistan shall be ultra vires of the basic structure of the Constitution, would amount to creation of parallel judicial system, besides adversely affecting the dispensation of justice through courts,” reads a resolution which was unanimously adopted by the members.

They said that it was imperative to strengthen anti-terrorism laws, witnesses protection, investigation methods and protection of the judges, which could lead to effective enforcement of laws against the person brought before such courts accused of offences of terrorism.

They believed that the state cannot abandon the principles of rule of law and due process despite being engaged in the war against terrorism, adding  that the rule of law and due process of law are fundamental to the dispensation of justice through the courts presided by judicial officers.

Published in The Express Tribune, January 15^th, 2015.