Former Chief Justice of Pakistan Jawad S Khawaja has filed a contempt petition in the Supreme Court against Prime Minister Shehbaz Sharif, accusing him of failing to comply with the court’s May 7th directive in the military courts case, the local media reported on Monday.
In his petition, Khawaja argues that the Supreme Court had clearly directed the federal government to either amend existing laws or introduce new legislation within 45 days to ensure that civilians convicted by military courts have the right to appeal in a High Court.
He contends that the government has not met this obligation.
“This is a straightforward case. The Supreme Court directed the Federal Government to make necessary amendments or legislation to provide an independent appellate right to the High Court from decisions in court-martial proceedings within 45 days. This direction has not been complied with,” the petition stated.
Khawaja claims that the federal government has defied a binding court ruling and argues that Shehbaz Sharif, named as the respondent, is responsible for this failure.
The petition stresses that when fundamental rights are at stake, superior courts have the power to direct the federal or provincial governments to align laws with constitutional guarantees and to issue or enforce relevant notifications.
“In cases of violation of fundamental rights, the Superior Courts are empowered to issue directions to the Federal Government or the Provincial Governments to bring the law in conformity with fundamental rights and/or enforce law and issue notification in that regard,” the petition read.
It further notes that both the legislative and executive branches can be ordered to introduce legal reforms to ensure that laws protect constitutional rights.
The original Supreme Court ruling reaffirmed earlier judgements and instructed the government to legislate on appeal rights for those convicted by military courts, stressing that such action is vital to uphold constitutional protections,
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