The former president of the Supreme Court of Pakistan Khawaja, Jawad, presented a request for contempt before the Supreme Court against Prime Minister Shehbaz Sharif for not implementing the order of the Apex court on May 7 in the case of military courts.
The petition establishes that the Apex Court had ordered the Federal Government to amend the law or legislate within 45 days to provide civilians convicted of the military courts for the right to appeal before a superior court. According to Khawaja, the government has not complied with the order.
“This is a simple case. The Supreme Court gave the Federal Government an address to make amendments/legislation necessary to provide an independent right to appeal to the Superior Court of Decisions in the martial procedures of the Courts within 45 days. This Directorate has not been fulfilled,” says the petition.
In addition, he affirms that the Federal Government has disobeyed a binding order of the Court and that the Prime Minister, as defendant, is responsible for this failure.
“In cases of violation of fundamental rights, the higher courts are empowered to issue the federal government or provincial governments so that the law in accordance with fundamental rights and/or enforce the law and notification of issuance, in that sense,” says the request.
He adds that even the Legislature and the Executive can be aimed at taking legislative measures to align laws with fundamental rights.
The original Supreme Court ruling confirmed previous judgments and instructed the Federal Government to legislate on the right to appeal for convictions of the Military Court, describing that it is necessary to enforce constitutional protections.
