ISLAMABAD – Supreme Court dismissed petitions against establishments of military courts, on Wednesday 5 August. Petitions challenging the 21st amendment were dismissed in a majority 11-6 vote of the 17 member Supreme Court bench.
The two-judge bench headed by Chief Justice Nasir ul Mulk and comprising of Justice Dost Muhammad Khan announced the judgment early on Wednesday morning.
The Parliament passed the 21st Amendment and the Pakistan Army Act, 1952, to establish the special courts after the massacre in the Army Public School, Peshawar, last year.
On April 16 the apex court had suspended executions of six militants who were awarded death sentence by these military courts.
The stay order was issued on an application filed by rights activist Asma Jehangir on behalf of the Supreme Court Bar Association (SCBA) after army chief Gen Raheel Sharif had ratified the death sentence to six militants and life imprisonment to one by the military courts.
Over a five-month long hearing on the challenges to the 18th and 21st amendments was wrapped up by the Supreme Court on June 26.
A total of 31 constitutional petitions were taken up by the court, of which 16 petitions were regarding 18th Amendment the rest were about 21st amendment.
The 18th Amendment was passed by the Parliament during the last PPP government.
Which introduced a new procedure for the appointment of superior court judges. The final judgment in the 18th Amendment case is still pending with the Supreme Court for the last four years though a full court bench headed by then Chief Justice Iftikhar Muhammad Chaudhry had issued an order on Oct 21, 2010, suggesting that guidelines in the mode of appointment of superior court judges under Article 175-A of the constitution.
Later the Parliament brought the 19th Amendment by accepting almost all the proposals and incorporating in the Constitution as suggested by the Supreme Court.