Former chief justice of Pakistan Jawad S Khawaja has filed a contempt petition before the Supreme Court against Prime Minister Shehbaz Sharif for failing to implement the apex court’s May 7 order in the military courts case.
The petition states that the apex court had directed the federal government to amend the law or legislate within 45 days to provide civilians convicted by military courts the right to appeal to a High Court. According to Khawaja, the government has not complied with the order.
“This is a straightforward case. The Supreme Court gave a direction to the Federal Government to make necessary amendments/legislation to provide an independent appellate right to the High Court from decisions in court martial proceedings within 45 days. This direction has not been complied with,” the petition reads.
It further claims that the federal government has disobeyed a binding order of the court and that the Prime Minister, as the respondent, is liable for this failure.
“In cases of violation of fundamental rights, the Superior Courts are empowered to issue direction to the Federal Government or the Provincial Governments to bring the law in conformity with fundamental rights and/or enforce law and issue notification, in that regard,” the petition states.
It adds that even the legislature and executive can be directed to take legislative measures to bring laws into line with fundamental rights.
The original Supreme Court ruling upheld previous judgments and instructed the federal government to legislate on the right to appeal for military court convictions, calling it necessary to enforce constitutional protections.
