ISLAMABAD: The Supreme Court (SC) has admitted for hearing petitions against the 21st Constitutional Amendment, recently approved by Parliament to give legal cover to military courts for trying terrorism suspects.
A bench comprising of three judges, headed by Chief Justice Nasirul Mulk, is scheduled to hear the petitions on January 28. Justice Gulzar Ahmed and Justice Mushir Alam are two others judges of the bench.
The petition, filed by the Lahore High Court (LHC) Bar Association at the Supreme Court’s Lahore registry, challenges the establishment of military courts and disapproves the 21st Constitutional Amendment.
Six similar petitions have been filed in the apex court against the formation of military courts and the 21st Amendment.
The petitioners opined that the Constitution does not provide any room for military courts, and that the 21st Amendment contrary to the basic structure of the Constitution. The petitions also argue that forming of military courts establishes a parallel judicial system.
The petitioner requested the Supreme Court to declare the 21st Amendment and creation of military courts against the salient features of the constitution which guaranteed fundamental rights of fair trial.
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