ISLAMABAD - A three-member bench headed by Chief Justice Nasir-ul-Mulk will take up Lahore High Court Bar Association’s constitutional petition against the 21st Amendment of Constitution, for the establishment of military courts, today.
Pakistan Tehreek-e-Insaf-led government of Khyber Pukhtoonkhawa submitted the concise statement on Wednesday and requested the apex court to reject the petition against 21st Amendment. However, the sources told The Nation the federal and other provincial governments could not file their concise statements in the apex court.
The KP reply states that in the prevailing security situation of the country, the establishment of military courts to try the civilians is need of the hour. It said Article 239 (5) of the constitution stated that no constitutional amendment can be challenged in any court of law and if there is any doubt in the amendment then same can be referred to the parliament to amend the provision of the constitution in view of Article 239 (6) of the constitution.
The LHCBA through its secretary has filed petition under Article 184(3) of the constitution, making federal and all provincial governments as respondents. The bar has requested that the 21st constitutional amendment kindly be declared violative of the basic structure and features of the constitution itself.
Two days ago Pakistan Bar Council and Supreme Court Bar Association had filed a petition against the 21st Amendment and on Wednesday (February 11) the Sindh High Court Bar Association also filed against military courts. The bars have requested the SC to interpret the 21st Constitutional Amendment as being inconsistent with Article 175(1), 203 and 4 as well as fundamental rights, the principle of separation of powers and the independence of judiciary and therefore the jurisdiction of Court Martial (Military Courts) shall not extend to civilians.
They also pleaded to declare Pakistan Army (Amendment) Act, 2015 as ultra-vires of the Constitution as it offends Article 203 of the Constitution of Pakistan and violates a number of fundamental rights guarantees extended to individuals and citizens of Pakistan.
Meanwhile, the Pakistan Bar Council Wednesday decided to observe Black Day today throughout Pakistan to condemn the 21st Amendment in the Constitution and amendment in the Army Act for establishing military courts.