The Supreme Court to Consider Military Courts and CJP Powers Cases in the Upcoming Week: The constitutionality of military courts and the powers of the Chief Justice of Pakistan (CJP).
The case on military courts was filed by a group of lawyers who challenged the constitutionality of the 21st Amendment, which was passed by Parliament in 2015. The amendment gave the government the power to try civilians in military courts for terrorism-related offenses.
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The lawyers argue that the 21st Amendment violates the fundamental rights of civilians, including the right to a fair trial. They also argue that the amendment gives the government too much power and that it is not subject to judicial review.
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The case on the powers of the CJP was filed by a group of lawyers who challenged the 20th Amendment, which was passed by Parliament in 2014. The amendment gave the CJP the power to appoint the heads of the superior courts.
The lawyers argue that the 20th Amendment violates the separation of powers and that it gives the CJP too much power. They also argue that the amendment is not subject to judicial review.
The Supreme Court is expected to hear both cases in the upcoming week. The decisions of the court will have a significant impact on the future of Pakistan’s legal system.
Background on the Cases
The case on military courts was filed in 2015, shortly after the 21st Amendment was passed. The case was initially heard by a three-member bench of the Supreme Court, but it was later referred to a larger bench. The larger bench has not yet issued a decision in the case.
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The case on the powers of the CJP was filed in 2014, shortly after the 20th Amendment was passed. The case was initially heard by a five-member bench of the Supreme Court, but it was later referred to a larger bench. The larger bench has not yet issued a decision in the case.
Possible Outcomes
The Supreme Court could rule in favor of the petitioners in either case, which would mean that the respective amendments would be struck down. The court could also rule against the petitioners, which would mean that the amendments would remain in place.
It is also possible that the court could issue a compromise ruling, which would modify the amendments in some way. The court could also decide to refer the cases back to Parliament for further consideration.
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The Impact of the Decisions
The decisions of the Supreme Court in these cases will have a significant impact on the future of Pakistan’s legal system. If the court strikes down the amendments, it would mean that the government would no longer be able to try civilians in military courts and that the CJP would no longer have the power to appoint the heads of the superior courts.
This would be a major setback for the government, as it would mean that it would have to find a new way to try civilians for terrorism-related offenses. It would also be a blow to the CJP, as it would mean that he would no longer have the same level of power over the superior courts.
However, if the court rules in favor of the government, it would mean that the amendments would remain in place. This would be a victory for the government, but it would be a setback for the rule of law in Pakistan.
The decisions of the Supreme Court in these cases will be closely watched by the international community. The court’s decisions will send a signal about the direction of Pakistan’s legal system and about the country’s commitment to the rule of law.