ISLAMABAD- Former chief justice Iftikhar Mohammad Chaudhry today said, establishing military courts in the country to try terror suspects, is unconstitutional.

The former chief justice was speaking to journalists in the federal capital. “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,” Chaudhry said.

The former chief justice also said no amendment or law can be made which challenges the fundamental basis of the Constitution. He said that judiciary is not responsible for any delay in terrorism related cases; however, he added that existing judicial system should be strengthened.

Iftikhar Chaudhry further said that he would move court against the allegations leveled by Imran Khan against him, but, he refused to comment on the accusations leveled by Pervaiz Elahi. On issue of high treason case, the former chief justice said that he would not comment on the issue as the matter is sub Judice.

In the wake of Peshawar school tragedy all parliamentary parties had decided on Dec 24 to set up special courts to be presided over by army officers for trying suspected terrorists. Moreover, as the Supreme Court had declared in 1999 the setting up of military courts as unconstitutional and illegal, therefore, the political leadership decided to amend the Constitution to provide constitutional cover to the proposed special courts.