ISLAMABAD: Former chief justice Iftikhar Mohammad Chaudhry on Tuesday said that establishing military courts in Pakistan to try terror suspects was unconstitutional.
The former chief justice was speaking to journalist here. “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,” he said.
He said that no amendment or law could be made which challenged the fundamental basis of the constitution. He said that judiciary was not responsible for any delay in terrorism related cases; however, he added that existing judicial system should be strengthened.
He said that he would move court against the allegations levelled by Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan against him, but, he refused to comment on the accusations levelled 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 was sub Judice.
In the wake of Peshawar school tragedy all parliamentary parties had decided on December 24 to set up special courts to be presided over by army officers for trying suspected militants.
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. A petition seeking reversal of Supreme Court’s 1999 decision has also been filed in the apex court on Saturday.
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