June 16, 2015
News‘Parallel judicial system’ based on APS attack: SC
ISLAMABAD: Resuming hearing on petitions challenging the 18th and 21st Constitutional Amendments, Justice Asif Saeed Khosa on Tuesday remarked that the terror attack on Army Public School has been made a base to erect a ‘parallel judicial system’ in the country.
The statement was made during the hearing of the case by a 17-judge full bench of the apex court.
The Supreme Court took up the long-pending case challenging the 18th Constitutional Amendment, along with other petitions challenging the 21st Amendment, on February 12. The 18th Amendment case has been pending with the apex court for four years.
During the proceeding today, counsel of the Lahore High Court (LHC) Bar Hamid Khan questioned Justice Saqib Nisar as to what court would hold trial of arrested terror suspects in the operation-affected areas. Will these cases be heard by military or civilian courts, he asked.
Upon which, Justice Nisar said trials will be conducted according to military laws in areas where security forces are carrying out operations. Questions will also be raised whether killing terrorists is justified or not, he added.
Justice Khosa said that Peshawar school incident has been made a base for creating a parallel judicial system in the country, adding that the judiciary has been punished for the shortcomings of administration.
Justice Jawwad S. Khawaja said the judicial system in Pakistan has become ineffective and “we are ignoring the Constitution instead of correcting our system”.
Justice Sarmad Jalal Usmani said that military courts operate under the Army Act and questioned if the law provides the suspect full rights to defend him.
Justice Khawaja said that five people have been executed upon the verdicts of military courts thus far. However, identities of judges and witnesses were not known yet, he added.
LHC Bar counsel Hamid Khan said Pakistan was bound by an international treaty to keep judicial proceedings transparent and open. He said International Commission of Jurists (ICJ) has issued a report on the judicial system.
Upon which, Chief Justice Nasirul Mulk responded that avoid giving references of ICJ as it carries a questionable reputation.
Later, the hearing was adjourned till Wednesday.
Courtesy www.thenews.com.pk