ISLAMABAD, Jul 28: A former chief justice of Pakistan has filed a contempt of court petition against Prime Minister Shehbaz Sharif for allegedly failing to implement a decision of the Supreme Court.
In his petition, former Chief Justice Jawad S Khawaja maintained that the apex court, on May 7, while announcing the trial of civilians by the military courts, had directed the federal government to amend the law or legislate within 45 days to provide civilians convicted by military courts the right to appeal to a High Court.
The petitioner argued that the government of Shehbaz Sharif failed to comply with the order.
“This is a straightforward case. The Supreme Court gave a direction to the Federal Government to make necessary amendments/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 reads.
Khawaja further claimed that the federal government disobeyed a binding order of the court and that the Prime Minister was liable for this failure.
“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 states.
According to the petition, even the legislature and executive can be directed to take legislative measures to bring laws into line with fundamental rights.
Earlier, the court in its verdict upheld the trial of civilians by the military court but ordered the government to legislate on the right to appeal for military court convictions.
Shehbaz already faced a contempt notice issued by the Islamabad High Court to the Prime Minister and his cabinet members last week over non-compliance in the case.
Justice Ejaz Ishaq Khan was hearing a case concerning efforts for the release of Dr Aafia Siddiqui, a Pakistani neuroscientist and educator, imprisoned in the US after conviction by a local court on the charges of attempting to kill US personnel in Afghanistan in 2010.
During the hearing, Justice Khan expressed frustration at the behaviour of the government, while noting a pattern of repeated executive defiance and interference in judicial functions.
“Despite the court order, the federal government failed to submit reasons before the court,” the IHC said. “The court has no option left but to issue a contempt of court notice to the federal government.”
He issued contempt notices to the Prime Minister and his cabinet and directed the federal government to submit a response within two weeks.
Siddiqui is serving an 86-year sentence and is currently incarcerated at the Federal Medical Centre, Carswell, in Fort Worth, Texas. Local religious and extremist groups in Pakistan have campaigned for her release. (PTI)
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