SC seeks reply from federal, provincial govts over military courts within 15 days

Notices issued to attorney general for Pakistan, all advocate generals over 'questions of public importance'

ISLAMABAD: The Supreme Court has sought a concise statement from the federal and provincial governments within 15 days over the Lahore High Court Bar Association's (LHCBA) plea against the establishment of military courts.

Headed by chief justice Nasirul Mulk, a three judge bench of the apex court accepted on Wednesday LHCBA's plea for a regular hearing. However, questions of public importance were raised, for which notices were issued to the attorney general for Pakistan as well as all the advocate generals.

The hearing was adjourned until February 12.

During the hearing, Hamid Khan, counsel for LHCBA, while referring to Article 175 of the Constitution, contended before the bench that the new constitutional amendment has undermined the independence of the judiciary as well as separation of the judiciary from the executive.

The counsel also stated that Article 2A and 8 of the Constitution have also been affected through this amendment, which secured the independence of the judiciary as well as the fundamental rights of the citizens.

It will be the first time in 39 years that some laws have been amended to affect the first schedule of the Constitution, Khan  stated.

When questioned on his opinion about Atrticle 239 of the Constituion by Justice Mushir Alam, Khan said that no constitutional amendment can be challenged in any court of law and also said that he would argue on this aspect as well.