ISLAMABAD: Supreme Court Bar Association (SCBA) has challenged 23rd constitutional amendment and extension in military courts in Supreme Court (SC).
SCBA President Rasheed Rizvi has filed a petition in SC seeking nullification of 23rd constitutional amendment and extension in military courts on Friday.
The petitioner took the plea that the concept of independent judiciary and fundamental rights of common man would be affected due to military courts and 23rd constitutional amendment.
In the past, military courts were also established for two years to counter terrorism but this experiment of setting up military courts has failed, he added. There is no justification to repeat this failed experiment, he said.
It is further stated in the petition that a failed experiment was given a new life through 23rd amendment. SC had upheld 21st constitutional amendment keeping in view the war on terrorism.
Federal, law ministry and defence ministry have made respondents in the petition.
The petitioner prayed the court to set aside 23rd constitutional amendment and amendment in army act because both of these run contrary to configuration and structure of the constitution.
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