Former chief justice of Pakistan Jawad S Khawaja has filed a contempt of court petition in the Supreme Court against Prime Minister Shehbaz Sharif, accusing the federal government of failing to implement the court's order regarding the rights of individuals convicted by military courts.
The petition, filed through advocate Khawaja Ahmed Hussain, challenges the government's inaction despite a clear directive issued by the Supreme Court on May 7, which ordered that all individuals convicted by military courts be granted the right to appeal within 45 days.
In his plea, Khawaja contended that more than 45 days have passed since the ruling, yet the government has not introduced the required legislation to facilitate the appeals process.
Also Read: SC sets aside decision against military trials of civilians
The petition emphasizes that the delay constitutes a clear violation of the court’s decision and seeks contempt of court proceedings against the PM, who, as the chief executive of the country, bears the ultimate responsibility for enforcing judicial rulings.
“The Supreme Court gave a binding order on May 7 regarding appeal rights for those convicted by military courts, and the government has failed to act within the specified timeframe,” the petition stated.
On May 7, the Supreme Court had accepted intra-court appeals challenging an earlier verdict that had declared the military trials of civilians unconstitutional, effectively setting aside the decision by a majority of five to two.
A seven-member larger bench of the apex court, headed by Justice Aminuddin Khan, had delivered the reserved verdict, overturning the October 2023 ruling by a five-member bench that had restrained the military from trying civilians in connection with the May 9 violence under the Pakistan Army Act.
The majority of the judges — five out of seven — ruled in favour of the appeals, thereby allowing military courts to proceed with trials of civilians accused of attacking military installations.
According to the short order, the apex court ruled that the earlier judgment declaring the military trial of civilians as unconstitutional "stands nullified."
Also Read: SC judges release dissenting note against verdict on military courts
However, former chief justice Khawaja filed a review petition against the Supreme Court’s decision, calling it contradictory and unconstitutional. The petition argued that the apex court bench misinterpreted facts and relied on outdated legal precedents, adding that it did not properly examine the facts of the case and relevant law. He also requested the Constitutional Bench to withdraw the decision of the military courts case.
Justice Khawaja criticized the reliance on the FB Ali case, which was decided under the now-defunct 1962 Constitution. He argued that military courts established via the 21st Amendment had constitutional backing -- something absent in the current scenario, making the court's reasoning flawed.
"The Supreme Court's decision is a collection of contradictions," the petition stated. "The constitutional bench deprived citizens of fundamental rights in its decision."
He further stated that on one hand, the constitutional bench had declared that fundamental rights were protected in military courts, and on the other, it was stated that the right to appeal should be given to ensure fundamental rights.
