Military Courts Case
ISLAMABAD: The Constitutional Bench of the Supreme Court, on Thursday, dismissed an application filed by former Chief Justice Jawwad S. Khawaja, requesting the postponement of an intra-court appeal concerning the military trials of civilians.
The bench ruled that the plea lacked sufficient merit and justification to delay the hearing of the case. As a result, the seven-member bench, headed by Justice Aminuddin Khan, imposed a fine of Rs 20,000 on the petitioner.
The court’s written order noted that the petitioner’s request failed to consider the situation of the accused individuals, who have been incarcerated for over a year and a half.
The bench emphasized that the delay sought by the petitioner would further prolong the suffering of those individuals awaiting a resolution.
The petitioner had argued that the hearing of the intra-court appeals regarding military trials should be deferred until the decision on the petition challenging the 26th Constitutional Amendment, claiming that the two matters were connected.
He stated that if the apex court declared the amendment unconstitutional, the decisions of the Constitutional Bench, which was formed under the amendment, would become invalid. The bench, however, rejected this argument, questioning the relevance of the 26th Amendment to the current case.
The court’s order stated its surprise at the argument presented, explaining that judicial decisions are protected even if a provision of the constitutional amendment is found to be in conflict with the Constitution.
The bench reaffirmed that the current Supreme Court is operating under the framework of the 26th Amendment and that attempts to obstruct judicial proceedings had already been made previously.
The bench also noted that objections were raised to the formation of the seven-member bench, but once it was established, the parties expressed confidence in its proceedings.
Additionally, the petitioner’s request to have the proceedings broadcast live was withdrawn, further highlighting the attempt to delay the case.
The bench concluded that the application was not filed in good faith and was aimed at postponing the proceedings. The petition was deemed frivolous, and the fine was imposed as a result.
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