Former Pakistan chief of chief Jawad Khawaja filed a request for Outrage against Prime Minister Shehbaz Sharif for having omitted to implement the ordinance of the Supreme Court of May 7 in the military courts.
The petition stipulates that the Supreme Court had ordered the federal government to modify the law or to legislate within 45 days to provide civilians condemned by military courts the right to appeal before a high court. According to Khawaja, the government has not respected order.
“This is a simple affair. The Supreme Court has given an orientation to the federal government to make the amendments / legislation necessary to provide an independent right of appeal to the high court of decisions in the martial procedure of the courts within 45 days. This direction was not respected,” said the petition.
He also said that the federal government has disobeyed a binding order of the court and that the Prime Minister, as a defendant, is responsible for this failure.
“In the event of a violation of fundamental rights, the higher courts are authorized to issue an orientation to the federal government or to the provincial governments to provide law in accordance with fundamental rights and / or to apply the law and to issue a notification, in this regard,” said the petition.
He adds that even the legislator and the executive may be responsible for taking legislative measures to put law online with fundamental rights.
The decision of origin of the Supreme Court confirmed the previous judgments and asked the federal government to legislate on the right to appeal to the convictions of the military courts, calling it to enforce the constitutional protections.
