Islamabad: Former Chief Justice Jawad S Khawaja also filed a petition in the Supreme Court against the military courts.
Former Chief Justice Jawad S Khawaja, in a petition filed through lawyer Uzair Chaghatai, took a stand that the petitioner has no personal interest in this case and neither is there to support any party or the May 9 attack. Relief is to be provided to ordinary citizens without any political affiliation.
The petition further states that the petitioner does not support any act of the accused, the forum for trying cases against civilians is the criminal courts, court martial proceedings can only be conducted against personnel of the armed forces, the purpose of court martial. To maintain discipline in the forces, civilians can be tried in military courts only if they are serving employees.
According to the petitioner, the main question is whether a civilian can be court-martialled under the Constitution of Pakistan. The decision of this case will immediately have a direct impact on fundamental rights. The government and the army have clarified that May 9. The accused involved in the incidents will be prosecuted in military courts.
The petitioner is of the opinion that every citizen has the right to a transparent trial in case of committing a crime, in the case of a court martial, this fundamental right given in the constitution will be violated, a transparent trial will be possible only if the trial is open. A hearing should be held and the accused should be allowed to have a lawyer of their choice.
The petition urged the Supreme Court to declare Section 2(1)(d)(i) and (ii) of the Army Act as inconsistent with the fundamental rights conferred by the Constitution, to refer it for trial in military courts. Demand data on where those executed are being held, outlaw the trial of civilians in military courts.
The petitioner said that the court should issue an order to hand over the suspects sent for trial in the military courts to the civil authorities for trial in the criminal courts, an order to stop all proceedings of the military courts and to stop issuing any final judgment. To be given.
The former Chief Justice has also made the provincial governments of Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan along with the Ministry of Law, Ministry of Defense a party in the petition.
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