Summary The SC had reserved the verdict in the matter after at least 30 hearings
ISLAMABAD (Dunya News) – The Supreme Court (SC) of Pakistan on Wednesday has rejected pleas challenging 18th and 21st Amendments and upholding establishment of military courts, it has annulled restraining order in death sentences.
A 17-member full-court-bench has given the verdict in the case taking into account majority s decision. At least 11 judges endorsed 21st Amendment while six criticised it. Whereas, 14 judges upheld 18th Amendment and three wrote differential notes.
Pleas against 18th Amendment were filed in April 2010. The SC had postponed the matter after giving an order in the matter in October 2010. However, the military and political leaderships had agreed on establishment of army courts for speedy trials and sentences of terrorists after Peshawar massacre on December 16, 2014.
On January 7, 2015, the Parliament had passed Amendment in Army Act and 21st Amendment. A three-member bench headed by Chief Justice (CJ) Nasirul Mulk held first hearing of pleas challenging military courts on January 27.
A total of 32 pleas were heard by the bench. However, the SC ordered joint hearing of all the pleas challenging the Amendments. On February 24, a three-member bench led by Justice Anwar Zaheer Jamali recommended the SC to form a full-court-bench for the matter.
On April 3, the CJ complied to the recommendation and formed a full-court-bench. Later on April 16, the court issued a restraining order halting executions of as many as six terrorists sentenced by military courts.
The SC gave out the reserved verdict today after at least 30 hearings of the case.
