Speedy trials: Military courts will be unconstitutional, says ex-CJ
“The establishment of military courts is against the spirit of the 1973 Constitution,” Chaudhry told journalists on Tuesday. “There is no need for military courts in the presence of an independence of judiciary,” he said and blamed weak prosecution for low convictions in terrorism-related cases.
Chaudhry said the government should increase the number of civilian courts for speedy trial instead of establishing military courts. He added that he was surprised to see the lawmakers “who have taken an oath to defend the Constitution committing an illegal act by supporting military courts”.
Supreme Court Bar Association President Fazal-i-Haq Abbasi also opposed the establishment of military courts through a constitutional amendment. “Instead of setting up military courts, the government should improve the existing judicial system including the working of anti-terrorism courts,” he told The Express Tribune.
Published in The Express Tribune, December 31st, 2014.
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The Ex-CJs civilan court recently set Lashkar E Jhangvi chief free of charge. High courts n Supreme courts are highly political in nature. So many people supported CJ at one time but now everyone regrets it.
It's not independent judiciary but political judiciary.
If it is agreed that the nation is at war and our enemies are operating in the whole of country, what is stopping the government (President) from declaring the whole country war zone/op area; thereby declaring a state of emergency in the whole country, as it was done during 1965 and 71 wars. Nothing happened to the in-chair governments at that time, and even now declaring a state of emergency in the country will not de-thrown any one.
Call the military in aid of civil power and establish as many military courts as required. I think no clause of the constitution will be violated.
Its unfortunate that the ex CJP is saying the right thing but is being rejected due to his shameful past.
Justice chaudhry. you had your controversial, shameful and corrupt tenure. now hide your face and keep quite. You were the one coming to the rescue of Lal masjid and their madrassahs, which beyond any doubts were flouting the constitution of pakistan and are still at it. You will be remembered as the black sheep of the judicial history of pakistan, so hide in the flock of those rather than commenting on the present scenario. And by the way, how is Arsalan chaudhry doing? ET i know why would you not edit and reject my mail.
Yeah, listen to these ultra corrupt judge. He "knows" the law.