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

Terrorism challenge
Updated 05 Mar, 2025

Terrorism challenge

Pakistan has few options but to cooperate on the counterterrorism issue with Kabul.
Ad ban
Updated 05 Mar, 2025

Ad ban

This publication always takes into consideration multiple angles when making editorial decisions.
Demand for solar power
05 Mar, 2025

Demand for solar power

A GREAT solar rush across Pakistan is transforming the nation’s energy landscape. Households and businesses are...
IMF scrutiny
Updated 04 Mar, 2025

IMF scrutiny

Boosting economic stability, flows from multilateral agencies, and sovereign credit rating upgrade depend on IMF review's success.
Diplomatic protocol
04 Mar, 2025

Diplomatic protocol

IT is a fact that KP — which shares a long border with Afghanistan — is directly affected by cross-border...
Polio politics
04 Mar, 2025

Polio politics

THE dispute between the centre and Punjab over the detection of polio cases in Mandi Bahauddin is unnecessary and...