Islamabad:
The former president of the Supreme Court of Pakistan (CJP) Jawwad S Khawaja has filed a petition in the Supreme Court, seeking the beginning of the contempt procedures against Prime Minister Shehbaz Sharif for not implementing an order of Constitutional Bank (CB) of the 9 of SC in the case of military trial of the Riors on May 9.
A complete CB of the Apex court on May 7 accepted appeals against the order of October 2023, 2023, leaving aside the trial of more than 100 protesters on May 9 by the military authorities.
However, in the majority order, the CB, sensitized “the need for legislative changes”, which meet the requirements established under the International Covenant on Civil and Political Rights (ICCPR) to maintain and preserve constitutional and social norms in the existing legal framework.
“Therefore, the matter refers to the Government/Parliament to consider and make amendments/legislation necessary in the Law of the Army of Pakistan, 1952, and the allied rules within a period of 45 days.
“[This is necessary] In order to provide an right of independent appeal in the Superior Court against the sentence granted to the persons by the martial/military courts of the Court by virtue of the sub -clauses (i) and (ii) of the clause (d) of the subsection (1) of section 2 2 of the law of the army of Pakistan, 1952, read with the subsection (4) of section 59 of section 59 of section 59 Pakistan, 1952, “said the order.
Justice (retd) Khawaja declared that during the hearing of the case, Pakistan Attorney General Mansoor Awan referred to the Jurist Foundation in front of the Federal Government’s case “that the CB has expressly observed in its sense.
“In that case, the SC concluded that there was no provision for the age of possession/retirement or the extension of the COA in the laws related to the Armed Forces. According to the guarantees given by the Federation, the Government received a period of six months to legislate to fill this emptiness,” he said.
The petition said that the SC argued that in order to give effect to a constitutional mandate, the Court has the authority to direct the Federal Government to initiate and process the legislation.
“In the present case, the CB has referred to the judgment of the Jurist Foundation in its brief order.
The petition indicated that the federal government has been aimed at legislating to provide the right to appeal in the Superior Court of Civilians convicted by military courts. “This is a judicial leadership to enforce a constitutional mandate and protect fundamental rights,” he added.
The petition said that the short order was approved on May 7 and that the Federal Government received 45 days to make amendments that provide the right to appeal before the Superior Court of Civilians convicted by military courts.
He pointed out that the 45 -day period has expired and, although the short order has the field, the federal government has not complied with it.
