Ex-CJP seeks expunging of remarks on constitutional bench challenge

ISLAMABAD: Former chief justice of Pakistan Jawwad S. Khawaja has petitioned the Supreme Court to expunge certain observations made by the court while dismissing his application as frivolous.

The application sought to defer hearings on intra-court appeals challenging the trial of civilians by military courts until the validity of the 26th Amendment to the Constitution was determined.

The seven-judge constitutional bench, headed by Justice Aminuddin Khan, had imposed a fine of Rs20,000 on Jawwad Khawaja’s application, declaring it frivolous. The bench will resume hearing the ICAs on Tuesday.

Justice Khawaja’s review petition requested the apex court to expunge the statement that his earlier application lacked bona fide and was filed to delay the hearing of the appeals.

Senior lawyers ask SCBA to stand by demand for full court to decide challenges to 26th Amendment

He also sought to set aside the findings that his application was frivolous and the imposition of the fine.

The petitioner explained that the application was filed in the public interest to determine whether civilians can be court-martialled under the Constitution. He reminded the court that the matter has significant implications for fundamental rights and the future of the country.

The petitioner also mentioned that it was a matter of record that the constitutionality of the constitutional bench was disputed, and therefore he urged that the present petition be accepted.

While rejecting the earlier application, the constitutional bench had ruled that decisions made by courts of competent jurisdiction remain valid and protected even if constitutional amendments or legislation were later declared invalid.

Letter to SCBA chief

Meanwhile, a group of 53 senior lawyers, including former presidents of the Supreme Court Bar Association (SCBA), have written a joint open letter to SCBA President Mian Muhammad Rauf Atta expressing disappointment at the Dec 26 and Dec 28 press statements, and said they stand firmly against attempts to undermine judicial independence and assert executive dominance over the judiciary.

The open letter said the support for the 26th Amendment under the garb of ‘parliamentary supremacy’ was gravely concerning, since the amendment upsets the delicate balance between the three organs of the state and goes against the trichotomy of powers.

The letter suggested a full court comprising all judges of the Supreme Court be constituted to uphold the legitimacy and credibility of the court.

Published in Dawn, January 7th, 2025