The Supreme Court Bar Association (SCBA) has challenged the 21st Constitutional Amendment and the formation of military courts in Supreme Court (SC).
The petitions have been filed by SCBA President Fazal Haq Abbasi. The petition holds the federation and the four provinces as respondents.
The petitioner has taken the plea that those accused, convicted, or exonerated in military courts under the guilty or innocent plea had no chance of getting a transparent trial. This impinges upon Article 10-A of the constitution. Setting up military courts is in derogation of articles 2, 4, 9 and 10 of the constitution, therefore, the formation of the military courts should be declared illegal and unconstitutional, he prayed.
The petitioner has also requested that court interpret the 21st Amendment in terms of the spirit of the constitution and declare it null and void. The decision on the Zafar Ali Shah case should also be reviewed.
Fazal Haq Abbasi, Kamran Murtaza and Asma Jahangir have been appointed counsels with reference to this petition.
