- Questioning rationale behind military courts in presence of anti-terrorism courts, SC says no one can challenge State’s writ if institutions do their job
Hearing petitions challenging the 18th and 21st constitutional amendments, a 17-member full bench of the Supreme Court (SC), headed by Chief Justice of Pakistan (CJP) Nasirul Mulk, Wednesday observed that no one could challenge the State’s writ provided all institutions responsibly fulfilled their duties.
The court also inquired about the procedure of trial under the Army Act as Justice Jawwad S Khawaja asked about the responsibility of the State and questioned if it was above the Constitution. “The courts are in business and nobody will be allowed to work beyond the Constitution,” he stressed.
While Justice Khawaja asked Attorney General (AG) Salman Butt about the ones responsible for creating tension between Sunnis and Shias, Justice Qazi Faez Issa questioned the State’s role against terrorists operating in the name of religion.
“Allah, Muhammad and Rasool (PBUH) are the symbols of love! What action was taken against those who used these words to spread hate in the society?” Justice Issa questioned.
“What was the State’s reaction against the people who declared themselves as Caliph or Ameerul Momineen? Was ISIS declared terrorist organisation? If it was, where is the notification?” Justice Issa asked, pointing out that if Lahori or Qadyani groups appoint their Ameerul Momineen then a case was registered against them.
“If these people are criminals then an FIR [First Information Report] is registered against them. But why are these people not tried in anti-terrorism courts? Are military courts final solution to the problem?” he questioned.
Earlier, during the course of proceedings, a video of banned Tehreek-e-Taliban Pakistan (TTP) leader Mulla Fazalullah was shown, in which he declared war against the country’s sovereignty.
Making his arguments in SC, AG Butt said the people who had taken up arms against the State would be tried in military courts. He said that real purpose of the 21st Amendment and Army Act was to take action against such people. “What would be the basic rights of those who do not accept the writ of the State?”
Moreover, parents of martyred children of Army Public School (APS), Peshawar also appeared before the court on Wednesday.
Later on, the court adjourned the hearing till Thursday (today), directing AG Butt to submit submissions over 18th and 21st constitutional amendments.