Former Chief Justice of Pakistan (CJP) Jawad S Khawaja has formally challenged the Supreme Court’s decision to fine him Rs 20,000, over allegations of delays in the military court case.
Khawaja, in his petition, denied causing any delay and argued that the records demonstrated his repeated efforts to expedite the procedure.
“There has been no delay on the part of the petitioner. The record speaks for itself,” the request states, highlighting two early hearing requests filed to prioritize the appeal.
Khawaja argued that blaming him for the delays was unfounded and unfairly compromised the rights of detainees in military custody.
The former CJP also raised important constitutional issues, particularly the validity of the 26th Amendment, which created the judicial commission responsible for appointing the current constitutional court.
According to Khawaja, if the amendment is revoked, this court’s decisions could become legally void, exposing a critical gap in judicial impartiality.
“It cannot be that the decisions of a Constitutional Chamber declared unconstitutional are immune from judicial scrutiny,” he asserted. Such results, he added, would undermine citizens’ access to justice and fundamental rights.
Khawaja further criticized the participation of government members in the judicial commission, suggesting possible bias in the appointment of judges who handle cases linked to state interests, including military trials of civilians. “This raises serious questions about judicial independence,” he said.
