Islamabad:
Former Chief Justice of Pakistan (CJP) Jawwad S Khawaja has filed a petition in the Supreme Court and sought the commencement of contempt negotiations against Prime Minister Shehbaz Sharif so as not to implement a SC constitutional bench’s (CB) order in May 9 -Infirmers’ military trial.
A full CB of the Point Court on May 7 accepted Appeals against the Supreme Court’s order in October 2023, where he set aside the trial against over 100 May 9 rebels by military authorities.
However, in the Majority Order, however, CB sensibilized “the need for legislative changes”, which is in accordance with the requirements laid down under the international covenant on civil and political rights (ICCPR) to maintain and preserve the constitutional and societal norms in the existing legal framework.
“Therefore, the case is referred to the government/parliament to consider and make the necessary changes/legislation in the Pakistan Army Act, 1952, and the Allied rules within a period of 45 days.
“[This is necessary] To give an independent appeal in the right against the conviction assigned to the persons at the court’s martial arts/military courts in accordance with under -clauses (i) & (ii) of clause (d) in paragraph.
Justice (Retd) Khawaja declared that court lawyer for Pakistan Mansoor Awan, during the hearing of the case, referred to the Law Foundation vs Federal Government Case, which has been explicitly noted by CB in his short order.
“In this case, SC concluded that there was no provision for the term of office/retirement age or the extension of the COAs in the laws relating to the armed forces. Based on insurance given by the federation, the government received a six -month period for legislation to fill this vacuum,” he said.
The petition said that SC found that the court to carry out a constitutional mandate has the authority to order the federal government to initiate and process legislation.
“In the present case, the CB has referred to the Law Foundation judgment in its short order.
The petition noted that the federal government has been required to legislate to give the right to appeal in the High Court for civilians convicted by military courts. “This is a court direction to enforce a constitutional mandate and protect fundamental rights,” it added.
The petition said the short order was passed on May 7 and the federal government was given 45 days to make changes that give the right to appeal to High Court for civilians convicted by military courts.
It noted that the 45-day period has lapsed and although the short order has the field, the federal government has not complied with it.
