The old-CJP moves SC against PM Shehbaz

Islamabad:

Former Pakistan Chief Judge (CJP) Jawwad S Khawaja filed a request to the Supreme Court, requesting the initiation of an outrage procedure against Prime Minister Shehbaz Sharif for not having implemented the order of the Constitutional Bench (CB) in the May of May 9 of May 9.

A complete CB of the Apex Court on May 7 accepted calls against the ordinance of the Supreme Court of October 2023, putting aside the trial of more than 100 rioters of May 9 by the military authorities.

However, in the majority order, the CB has made aware “the need for legislative changes”, in accordance with the requirements established under the International Alliance on Civil and Political Rights (PICPR) to maintain and preserve constitutional and societal standards in the existing legal framework.

“Consequently, the case is referred to the government / Parliament for having envisaged and carried out the necessary amendments / legislation in the 1952 law of the Pakistani army and allied rules within 45 days.

“”[This is necessary] In order to provide an independent right of appeal before the senior court against the conviction granted to persons by the martial / military courts under the subclauses (i) and (ii) of the clause (d) of paragraph (1) of article 2 of the Pakistani army law, 1952, read with the subsection (4) of article 59 of Pakistan Army Act, 1952 ” order.

Judge (RETD) Khawaja said that at the hearing of the case, Pakistan Prosecutor Mansoor Awan referred to the JUIST Foundation VS Federal Government case which was expressly noted by the CB in his short order.

“In this case, the SC concluded that there was no provision for the age of occupation / retirement or the extension of COAS in the laws relating to the armed forces. On the insurance basis given by the Federation, the government received a period of six months to legislate to fill this void,” he said.

The petition indicated that the SC judged that to give effect to a constitutional mandate, the court has the power to ask the federal government to initiate and treat the legislation.

“In this case, the CB has referred to the judgment of the juristic foundation in its short order.

The petition noted that the federal government was responsible for legislating to ensure the right to appeal before the High Court for civilians sentenced by military courts. “This is a judicial orientation to enforce a constitutional mandate and protect fundamental rights,” he added.

The petition indicated that the short -term ordinance had been adopted on May 7 and that the federal government had been sentenced to 45 days to make changes to a right to appeal to the high court for civilians sentenced by military courts.

He noted that the 45 -day period was unleashed and although the Court holds the domain, the federal government has failed to respect it.

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