ISLAMABAD- Former chief justice of Pakistan Iftikhar Chaudhry on Tuesday termed setting up of military courts ‘illegal’ and ‘unconstitutional,’ private media reported.
“Basic constitutional framework ensures independence of the judiciary and military courts courts cannot be established in the presence of an independent judiciary”, he said while adding that an amendment or legislation could not be carried out against basic foundation of the constitution.
He added that the judiciary is not responsible for any delay in terrorism related cases but, he said, the existing judicial system should be strengthened.
The former chief justice further added that he will be moving court against Imran Khan for levelling allegations against him. He refused to comment on the treason trial of former president Pervez Musharraf as it is sub-judice.
Speedy trials: Military courts will be unconstitutional, says ex-CJ
December 31, 2014
Chaudhry urges govt to set up more civilian courts. PHOTO: AFP
ISLAMABAD: Former chief justice Iftikhar Muhammad Chaudhry has said that the establishment of military courts through a constitutional amendment will be unconstitutional.
“The establishment of military courts is against the spirit of the 1973 Constitution,” Chaudhry told journalists on Tuesday. “There is no need for military courts in the presence of an independence of judiciary,” he said and blamed weak prosecution for low convictions in terrorism-related cases.
Chaudhry said the government should increase the number of civilian courts for speedy trial instead of establishing military courts. He added that he was surprised to see the lawmakers “who have taken an oath to defend the Constitution committing an illegal act by supporting military courts”.
Supreme Court Bar Association President Fazal-i-Haq Abbasi also opposed the establishment of military courts through a constitutional amendment. “Instead of setting up military courts, the government should improve the existing judicial system including the working of anti-terrorism courts,” he told The Express Tribune.
Published in The Express Tribune, December 31st, 2014.
Pakistan's ex-CJI Iftikhar Mohammad Chaudhry rejects military courts as 'unconstitutional'
By PTI | 30 Dec, 2014
ISLAMABAD: Pakistan's former chief justice today branded as "unconstitutional" the setting up of military courts to try terror suspects in the wake of the Peshawar school attack.
Iftikhar Mohammad Chaudhry said, "Military courts are illegal and unconstitutional. The basic structure of the constitution guarantees an independent judiciary, and military courts cannot be established in the presence of an independent judiciary".
Military courts unconstitutional: Ex-CJP
December 31, 2014
ATTOCK - Former Chief Justice Iftikhar Chaudhry said there was no room for military courts in the Constitution as every institution is bound to play its own role.
He said this while talking to newsmen in Attock on Tuesday.
He said that in the presence of independent judiciary no question arises for establishing military courts.
Now judiciary is on the right track, fulfilling all the legal obligations, he said.
Establishing military courts is violation of the Constitution and is a step to weaken judiciary, he added.