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Petitions challenging military courts approved for hearing in SC (Stabbing pak army, s back)

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Petitions challenging military courts approved for hearing in SC
Abdul Shakoor Khan
Published about 5 hours ago
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The Supreme Court of Pakistan. — AFP/File
ISLAMABAD: The Supreme Court on Thursday approved for hearing petitions challenging the establishment of military courts in the country.

A three-member bench, headed by Chief Justice Nasirul Mulk, will hear the petitions from Jan 28 onwards.

Earlier on Jan 7, a petition challenging the establishment of military courts in the country was filed in the apex court by Moulvi Iqbal Haider. The petition had stated that the amendment made in the Constitution to establish military courts in the country is against its basic structure.

Take a look: Petition challenging establishment of military courts filed in SC

The second petition against the 21st Amendment filed by Pakistan Justice Party Chairman Munsif Malik through Advocate Mohammad Ikram Chaudhry on Jan 9 had pleaded that the political government and military establishment had resurrected the doctrine of necessity which was buried forever by the Supreme Court through the landmark July 31, 2009, judgment holding the Nov 3, 2007 emergency illegal.

The petition had said the armed forces had been given a free hand to interfere in the judicial system without having experience and understanding of law. The military courts have been given a status they are not entitled to under the constitution. These courts will function under the dictates of their superiors since their objective will be to punish the accused and not to dispense justice.

The petitioner had requested the Supreme Court to declare the 21st Amendment and creation of military courts against the salient features of the constitution which guaranteed fundamental rights of fair trial.


Stabbing pak army, s back!
 
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I think this time courts might decide in favour of military courts. Our judges are famous to read public sentiments before decision e.g. PCO oath when Mushshraf was popular and otherwise when he was unpopular. A decision against military courts can pull the plug on NS govt, their patron. They know it and the public sentiment against political govt. Just a hunch, though!
 
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I don't really think it's stabbing PA in the back. Quite frankly, I'm worried about the mil courts too, as they can easily be abused. I understand the sentiment and need for them, but I feel that there is no government oversight to them, and no watchdog to make sure that the court isn't abused. There needs to be some sort of safety mechanism for the government to stop the courts if they go to far, which there clearly isn't. There also needs to be a guarantee that the courts will stop after 2 years as was promised, which (again) there isn't.
 
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I don't really think it's stabbing PA in the back. Quite frankly, I'm worried about the mil courts too, as they can easily be abused. I understand the sentiment and need for them, but I feel that there is no government oversight to them, and no watchdog to make sure that the court isn't abused. There needs to be some sort of safety mechanism for the government to stop the courts if they go to far, which there clearly isn't. There also needs to be a guarantee that the courts will stop after 2 years as was promised, which (again) there isn't.
With all of your concerns, all you want is let the killers of 60,000 innocent pakistanis set free under, stupid & afraid judiciary?
best thing, to do for army is, to suspend the dam destructive, constitution!
& beat thr hell out of stupid & coward judiciary & the killers!
 
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With all of your concerns, all you want is let the killers of 60,000 innocent pakistanis set free under, stupid & afraid judiciary?
best thing, to do for army is, to suspend the dam destructive, constitution!
& beat thr hell out of stupid & coward judiciary & the killers!
I've asked you before, don't reply to me unless you have something useful to say to me, instead of insulting me.
 
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PTI's Hamid Khan to lead the case against 21st amendment in Supreme Court

21ویں ترمیم کے خلاف درخواست ابتدائی سماعت کے لیے منظور - BBC Urdu

Hamid Khan is not an ordinary Lawyer, If he didn't took up that case, will not die of hunger.
He possess an Important Position in PTI, therefore refrains to accept this case in the first place and if PTI as a Political party not showing any sensitivity in this matter then it only means she too stands besides JUI-F and JI on 21st Amendment.
 
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I've asked you before, don't reply to me unless you have something useful to say to me, instead of insulting me.
Damocrazy has proven failled in pakistan , with no gas , no feul, no electricity, no security to the school kids , & over educated pundits like you, are painting a bright picture that everything is alright here!
pakistan is not usa or uk!
dont live in fools pradise my friend !
peoples of pakistan wants justice, if this coward judiciary was giving them that, then todays pakistan was pretty much different?
no wonder some sunny day, any of common poor pakistani may kick guys like you in the head wont be a big deal?
just to let you wakeup in a brutal but real pakistan which you never thought about ?
for you dam blindednes of his probelms !
only then so called damo-crats like you might understand , what means damocrazy to a common pakistani?
these paid & politicaly appointed courts doesnt have will power to tell a terrorist, that he is going to be hang next sunny morning?
Thats why terrorists were so brave killing 60,000 pakistani innocent peoples ?
what these stupid judges have done against terorists in past 12 years ?
instead of freeing them?
sorry, its time for pakistanis to dump these stupid , damocrazy, this terrorist sympathizer judiciary & terrororist , killers, croupters saving constitution?
Hope you got it !
 
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PTI's Hamid Khan to lead the case against 21st amendment in Supreme Court

21ویں ترمیم کے خلاف درخواست ابتدائی سماعت کے لیے منظور - BBC Urdu

Hamid Khan is not an ordinary Lawyer, If he didn't took up that case, will not die of hunger.
He possess an Important Position in PTI, therefore refrains to accept this case in the first place and if PTI as a Political party not showing any sensitivity in this matter then it only means she too stands besides JUI-F and JI on 21st Amendment.
I think, he is playing this for the judiciary, s demand who is after him, its chodry iftikhar mafia?
but before that, he was trying his best to put PTI back on the NA too?
these kind of crooks often play double games!
after all he one of those, advising musharaf on the emergency too?
 
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Military courts: SC issues notices to attorney general, advocates general
Abdul Shakoor Khan Published about 10 hours ago
20 Comments
Print
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AFP/File
ISLAMABAD: During the hearing of a case pertaining to the establishment of military courts in the country, the Supreme Court on Wednesday issued notices to the attorney general and the advocates general of all four provinces.

A three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, heard a petition filed by the Lahore High Court Bar Association (LHCBA) challenging the establishment of military courts under the 21st constitutional amendment.

The petition was filed by LHCBA President Advocate Shafqat Chauhan along with Advocate Hamid Khan.

The petition contends that military courts violate rights of citizens listed in Article 8 of the Constitution and were therefore unconstitutional.

After hearing the arguments, the court issued notices to the attorney general and the advocates general of the four provinces and adjourned the case to Feb 12.

The LHCBA is of the view that the 21st Amendment is against the basic structure and features of the Constitution and that the amendment abrogates the fundamental rights of the people of Pakistan guaranteed in the Constitution.

The petition argues that the very concept of citizens being tried by special military courts was simply shocking, absurd and an invasion of the judiciary’s remit, adding that such a procedure could not be allowed to sustain.

The association, the petition explained, was fully cognisant of the principles relating to the authority of the Parliament to amend the Constitution, yet, it is an undeniable fact that the Parliament’s power is not unlimited and it cannot pass an amendment that abrogates fundamental rights.

The petition said that the judiciary was a guardian and guarantor of the fundamental rights of the people, particularly in relation to equality before the law, equality of status, equality of opportunity, freedom of expression, belief, faith, worship and association and rendering of social, economic and political justice.

These rights would be of no consequence unless there was an independent judiciary available to guarantee and enforce them.
 
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The petition said that the judiciary was a guardian and guarantor of the fundamental rights of the people, particularly in relation to equality before the law, equality of status, equality of opportunity, freedom of expression, belief, faith, worship and association and rendering of social, economic and political justice.
What a load of BS.....
 
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