SC issues notices in 21st amendment case
According to the details a three-member bench of the apex court, headed by Chief Justice Nasirul Mulk, heard a petition filed by the Lahore High Court Bar Association (LHCBA) challenging the establishment of military courts under the 21st constitutional amendment. The petition was filed by LHCBA President Advocate Shafqat Chauhan along with Advocate Hamid Khan. During case proceedings, lawyer of LHCBA Hamid Khan argued that satisfactory debate over 21st Constitutional Amendment and Army Act Amendment bills was not held in the parliament.
He said that the amendment has affected Article 2(a) and Article 8 of basic rights, adding that the parliament has no right to amend basic structure of the constitution.
Hamid Khan further argued that trials of civilians in military courts is an attack on judiciary`s authority. The move has imposed prohibition on the concept of free judiciary, while article 175/3 which separates judiciary from legislature has also been affected.
He prayed to court to declare 21st amendment null and void as it conflicts with the basic constitutional structure. The apex court issued notices and sought replies from the attorney general and the advocate generals of the four provinces. The case was adjourned till February 12.
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