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Ex-CJP Jawad S. Khawaja Challenges Dismissal of Petition Against Military Courts
Former Chief Justice Jawad S. Khawaja files petition in SC to review dismissal of plea against military trials of civilians. Calls for delay in hearings until 26th Amendment’s legal status is determined.
ND
by News Desk
2025-01-06
Ex-CJP Jawad S. Khawaja Challenges Dismissal of Petition Against Military Courts

Former Chief Justice of Pakistan (CJP) Jawad S. Khawaja has moved the Supreme Court, challenging the decision to dismiss his plea against the trial of civilians in military courts. The petition seeks a review of the court’s December 9, 2024, order, which had declared the plea frivolous and imposed a fine of Rs 20,000.

The former CJP has requested the apex court to accept the review petition and postpone the hearing of the current appeals and related cases until the constitutional status of the 26th Amendment is clarified.

Key Demands in the Petition

  • Deletion of Disputed Statement: The petition urges the court to remove the statement labeling the plea as lacking integrity and aimed at delaying proceedings.
  • Fine Overturn: The petition requests the reversal of the Rs 20,000 fine imposed on Justice (retd) Khawaja.
  • Postponement of Military Court Hearings: The petitioner argues that hearings in military courts should be suspended until the Supreme Court resolves the constitutional questions surrounding the 26th Amendment.

Background of the Case

Justice (retd) Khawaja has been a vocal opponent of trying civilians in military courts, arguing that such trials violate fundamental rights guaranteed by the Constitution. In June 2023, he filed a petition challenging the constitutionality of military trials, calling for sections of the Army Act to be declared null and void.

On October 2023, a five-member bench of the Supreme Court ruled the trial of 103 civilians in military courts unconstitutional. However, this verdict was suspended in December 2023 by a larger bench, following intra-court appeals by the federal and provincial governments.

Petition’s Stance on Military Trials

The petition emphasizes that the Supreme Court has previously declared civilian trials in military courts null and void. It argues that the ongoing legal uncertainty will render the current proceedings controversial until a decision is made on the constitutional amendment.

The petition also seeks data on the detention of individuals tried in military courts and requests an order to halt all military court proceedings until the appeals are resolved.

Chronology of Key Events

  • October 2023: Supreme Court rules against military trials for civilians.
  • December 2023: Verdict suspended by a larger bench.
  • December 9, 2024: Supreme Court dismisses petition against military trials, imposes fine.
  • January 2025: Justice (retd) Khawaja files a review petition, seeking clarity on the 26th Amendment and postponement of military court hearings.

Implications of the Petition

This latest move by the former CJP highlights the ongoing legal and constitutional debate over military trials for civilians. Legal experts suggest that the petition could have far-reaching implications for civil-military relations and the interpretation of fundamental rights under Pakistan’s Constitution.

Next Steps

The Supreme Court has yet to schedule a hearing for the review petition. Observers are closely monitoring the proceedings, as the outcome could significantly impact the broader debate on the rule of law and civilian rights in Pakistan.

 
Tagged:

PakistanJudiciary

ConstitutionalAmendment

MilitaryCourts

JusticeJawadKhawaja
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