• There is no limitation on the powers of the parliament to amend the constitution as such the amendments so made are not liable to be challenged on any ground before any court: Chief Justice Nasir-ul-Mulk

• The 21st Amendment provides a temporary measure for the trial of terrorists accused of offences including waging war against Pakistan by a forum already constituted under the law: Justice Sheikh Azmat Saeed

• The amending power should vest upon the chosen representatives of the people and not upon an unelected judiciary even though acting in good faith: Justice Mian Saqib Nisar.

• The 21st Amendment lawfully extends trial under the Pakistan Army Act (PAA) of terrorists who are unlawful combatants: Justice Umar Ata Bandial

• The 21st Amendment is liable to be struck down since the parliament is not a sovereign body in the sense that there are limitations on its power: Justice Jawwad S. Khawaja

• Petitions challenging the 21st Amendment and the PAA are partially allowed by declaring the amendments unconstitutional, without lawful authority and of no legal effect: Justice Asif Saeed Khosa

• Neither the 21st Amendment nor the PAA militates against the essential features of the constitution: Justice Sarmad Jalal Osmany

• The Supreme Court can examine the vires of any amendment and annul it if it impairs, undermines or alters any of the parts forming the basic structure of the constitution: Justice Ejaz Afzal and Justice Ijaz Ahmed Chaudhry

• The parliament has no authority to reverse the process of independence of judiciary, which has attained finality. All inquiries, trials and convictions and sentences recorded by the military courts are declared illegal: Justice Dost Mohammad Khan

• The Anti-Terrorism Act, 1997 can help stem terrorism, therefore all cases to be adjudicated afresh by the anti-terrorism courts instead of the military courts: Justice Qazi Faez Isa

Published in Dawn, August 6th, 2015

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