Apex bodies of the legal fraternity in the country, Pakistan Bar Council (PBC) and Supreme Court Bar Association (SCBA) Monday challenged the establishment of military courts under the 21st Constitutional Amendment in the Supreme Court. The PBC through vice chairman Azam Nazir Tarar and the SCBA through Secretary Muhammad Maqsood Ahmed filed petitions under Article 184 (3) of the Constitution, making Federation of Pakistan through Secretary Ministry of Law, Justice & Parliamentary Affairs and all the four provinces through secretaries Department of Law, as respondents.
Both the petitioners submitted that the recently-passed 21st Amendment to the Constitution and the Pakistan Army (Amendment) Act, 2015 disturb the existing constitutional framework, saying the Amendment has brought to the fore several legal contradictions. The petitioners urged the apex court to decide seven questions of public importance, raising serious concerns regarding the enforcement of fundamental rights in the matter.
The petitioners prayed the court to pass an order declaring The Pakistan Army (Amendment) Act, 2015 as ultra-vises of the Constitution saying it offends Article 203 of the Constitution of Pakistan and violates a number of constitutional fundamental rights, extended to individuals and citizens of Pakistan.
They also requested the court to interpret the 21st Constitutional Amendment as being inconsistent with Article 175(1), 203 and 4 as well as fundamental rights, the principle of separation of powers and the independence of judiciary and therefore the jurisdiction of Court Martial (Military Courts) shall not extend to civilians.
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