Former CJ Iftikhar Chaudhry says military courts 'unconstitutional'

Published December 30, 2014
Former Chief Justice Iftikhar Mohammad Chaudhry. — AFP/File
Former Chief Justice Iftikhar Mohammad Chaudhry. — AFP/File

ISLAMABAD: Former chief justice Iftikhar Mohammad Chaudhry on Tuesday said establishing military courts in the country to try terror suspects is unconstitutional.

The former chief justice was speaking to media representatives in the federal capital.

“Military courts are illegal and unconstitutional. The basic structure of the Constitution guarantees an independent judiciary, and military courts courts cannot be established in the presence of an independent judiciary,” Chaudhry said.

The former chief justice also said that no amendment or law can be made which challenges the fundamental basis of the Constitution.

Examine: Several amendments needed for setting up military courts

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.

Read: Misuse of military courts will not be allowed, vows Zardari

Opinion

Editorial

Cost of control
Updated 31 Jan, 2025

Cost of control

Islamabad cannot expect to get away with violating the commitments it has made to foreign partners.
Deep shock
31 Jan, 2025

Deep shock

THE AI wars have begun. For years, America sought to hold China back when it hindered access to its semiconductors,...
Provincial AIT laws
31 Jan, 2025

Provincial AIT laws

HARMONISING the provincial agriculture income tax regimes with federal personal and corporate income tax rates is ...
Court in crisis
Updated 30 Jan, 2025

Court in crisis

There is increasing frustration over complications created by the law, especially as it has begun interfering with independent functioning of judiciary.
Death blow
30 Jan, 2025

Death blow

JOURNALISTS took to the streets in protest; human rights groups warned against the dangers; and digital rights...
Enhanced inclusivity
30 Jan, 2025

Enhanced inclusivity

TWO fresh initiatives involving new features in people’s CNICs should help enhance inclusivity for special ...