Islamabad: Chief Justice of Pakistan (CJP) Nasir ul Mulk has remarked that no justification is acceptable in respect of the martial laws slapped by military dictators, no matter the martial law has been imposed partly or fully.
A 17-member full bench of Supreme Court (SC() took up a case against imposition of against Martial Laws for hearing Thursday.
Justice Asif Saeed Khosa remarked “there is no good or bad martial law, Martial law is martial law. . Judiciary was not included in the previous martial laws and now attempt has been made to bridge the gap by including judiciary in the 21st constitutional amendment. Had space been created in the constitution for establishment of military courts from the very beginning even then the judiciary was to play its role.
Justice Sheikh Azmat Saeed remarked if the terrorism did not get eliminated in the next 200 years then ‘will these military courts exist till 200 years. What is justification for setting up the military courts?
Hamid Khan Counsel for Lahore High Court Bar (LHCB) argued there is no justification in any way for establishment of military courts.
Justice Asif Saeed Khosa remarked “military courts were set up under administrative powers earlier. Amendment was made in article 175-A to provide protection to military courts.
Hamid Khan said the military courts awarded capital punishment to Abdul Sattar Niazi in 1953. Martial law administrator commuted the death sentence to life imprisonment. The judiciary set aside the decision of military court.
Justice Jawwad S Khawaja remarked “Did Gen Azam himself impose martial law?
Hamid Khan said civil administration had requested army for help through civil government.
CJP Nasir ul Mulk remarked “martial law was slapped through mutual consultation.
Justice Sheikh Azmat remarked “military courts were set up in 1953 under doctrine of necessity. Military courts were set up in 1953 to rectify a mistake. If terrorism continues for 200 years then “will the military courts continue to function till this period? What is its justification?
CJP remarked “there is no justification of martial law no matter it is complete or incomplete.
Hamid Khan said “it was tried that martial law could not be imposed under the existing constitution. Justification of martial law cannot be made under doctrine of necessity. Every case has its own situation.
He read out the decision given by Justice Karam Elahi Chohan saying that all the matters will be decided as per law and constitution and no matter will be kept out of jurisdiction of the court. Special tribunals can be set up like civil courts. Federal government can call the army in aid to civil power only under article 245. Army will work where the issue exists. Act of parliament cannot allow army to perform the function of courts. They are allowed to function within their parameters. Army cannot be delegated the powers of courts because it will be violation of fundamental rights. An independent judiciary is part of basic contours of the constitution.
Justice Saqib Nisar said “SC had over ruled the decision what you have read out.”
CJP remarked “we will resume hearing on June, 16. We want to complete this case during the current month.”