Military courts case: Ex-CJP Jawwad S Khawaj issues clarification

Former chief justice Jawwad S Khawaja has issued a clarification statement regarding the military courts’ case being heard by the Supreme Court (SC), ARY News reported on Monday.

Justice Retired Jawwad S Khawaja said that he has not adopted a new stance regarding the civilians’ trials in the military courts. He added that he had adopted the same stance in 2015 that civilians cannot face trials in the military courts.

He said that those who declared his petition against the military courts a personal matter are seemingly unaware of his stance or misguiding the people by saying that he is supporting the Pakistan Tehreek-e-Insaf (PTI) chairman.

He said that he and Hamid Khan knew each other for 46 years and he has not consulted him regarding the petition but it was filed in the public interest.

It is noteworthy to mention here that ex-CJP Jawwad S Khawaja challenged the trial of civilians in military courts in the Supreme Court (SC), demanding to declare the move ‘unconstitutional’.

READ: CJP Bandial hopes no civilian trial in military courts till ‘outcome of case’

Ex-CJP Jawwad Khawaja filed a petition in the Supreme Court (SC) and demanded to declare the trial of civilians in military courts ‘unconstitutional’.

The petition named the Federation of Pakistan through secretaries of law and justice, interior, defence, and chief secretaries of Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan as respondents in the case.

Ex-CJP Jawwad Khawaja, in his plea, maintained that the trial of civilians by military courts in the presence of civilian ones is unconstitutional. The plea contended that proceedings of a court-martial were only appropriate and lawful in the case of army officers.

The plea demanded to declare “any proceedings against civilians on the basis of the impugned sections unlawful”. It prayed the court should direct that such civilians be transferred to the competent civilian authorities for appropriate proceedings before ordinary criminal courts.

The petition came after Chaudhry Aitzaz Ahsan filed a similar petition in the Supreme Court, challenging the trials of civilians in military courts.