The filing of a constitution petition by a former chief justice of Pakistan (CJP) in the Supreme Court in any public interest matter is being considered as “unprecedented”.
Former CJP Jawad S Khawaja has approached the top court against the trial of civilians in military courts under the Pakistan Army Act, 1952.
In 2015, Justice (retd) Khawaja, as a judge, declared the establishment of military courts to try civilians through constitutional amendments as unconstitutional.
Interestingly, he endorsed the views of Justice Qazi Faez Isa, who had also given a judgment against the establishment of military courts. However, both the judges’ views were in minority.
In 2014, Justice (retd) Khawaja also compelled the previous PML-N government to register an FIR against a serving military official involved in the enforced disappearance of 35 individuals.
Subsequently, a campaign was launched against the former CJP, who had not recused himself from a bench hearing cases related to a media group owner, who was his relative.
Even objectionable banners were installed against him around Constitution Avenue at that time.
Justice (retd) Khawaja, as a lawyer, was associated with Cornelius, Lane and Mufti where famous lawyer Hamid Khan also worked. Justice Ijazul Ahsan also worked in that firm.
Justice (retd) Khawaja recently wrote a book namely “Slaughtered without a knife”.
In his book, Justice (retd) Khawaja narrated that Hamid Khan had specifically come to him to convey the message of the then CJP and to agree to become an SC judge in 2009.
In January 2019, Justice (retd) Khawaja had written a letter to the Supreme Judicial Council (SJC) for ensuring transparency and fairness in the accountability process.
The former top judge was also not in favour of opening the courts at night in April last year to ensure the process of Article 95 of the Constitution.
In his book, Justice (retd) Khawaja wrote that the sitting of the court at night was permissible but CJP Umar Ata Bandial’s action had become controversial because it lacked transparency and openness.
“People want to know why this was done. Openness and transparency, by giving reasons for the necessity of taking this unusual step would allay any controversy. But failing such transparency, the controversy is bound to increase, thus adversely impacting the standing and credibility of the court.”
The Supreme Court opened at midnight on April 9, 2022 to complete the process of voting on a no-confidence motion moved in the National Assembly against then prime minister Imran Khan.
He was also among those judges, who were critical about the doctrine of parliamentary sovereignty.
It is witnessed that Lahore-based lawyers, especially those belonging to the Professional Group, are active against civilians’ trials in the military courts.
Two senior lawyers, Aitzaz Ahsan and Latif Khosa, met with CJP Bandial in his chamber.
Aitzaz is one of the petitioners against civilians’ trials in the military courts. Sources told The Express Tribune that both lawyers requested the CJP to form a full court to hear these petitions.
However, they were told that some judges would not be available during summer vacation. Lawyers are debating whether being a petitioner, Aitzaz should have met the CJP or not.
It is worth noting that CJP Bandial worked with Aitzaz as a junior in his firm. So far, no petitions against civilians’ trials in military courts have been entertained.
However, the Lahore-based lawyers are trying hard to push the momentum on this subject.
It is debatable as to whether or not CJP Bandial will play his role in the prevailing situation as he is already facing immense pressure after invoking the suo motu jurisdiction in the matter of elections.
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