We never sought stay order against military courts: petitioner

ISLAMABAD: Senior lawyer Hamid Khan and Lahore High Court Bar President Shafqat Chohan have told The News that they never pleaded before the Supreme Court verbally or in writing to stop the military courts from functioning.
Hamid Khan, while talking to The News from Lahore, said that he was shocked to see news in different newspapers on Thursday that the apex court had rejected any verbal plea to stop the military courts from functioning. He said no such plea was ever made verbally or in writing.
“Pleading to stay the Constitution or any of its articles or its operation is not possible. How can I do such a silly thing?” asked Lahore High Court Bar Association (LHCBA) President Shafqat Chohan.
Senior lawyer Hamid Khan argued the case on Thursday. On conclusion of his arguments, president LHCBA Shafqat Mehmood Chohan came on the dais and requested the bench that the apex court should decide the case as early as possible as the issue was of great public importance and that army courts will also be set up soon. He never ever requested the court to issue a stay order or to stop the military courts from functioning. The bench agreed with him and fixed the case for February 12, 2015 issuing notices to the Federation, all the four provinces and the Federal Capital Territory. In its order, the bench remarked that the issue was of great public importance.
The newspapers based their stories on reports from two news agencies. Mohsin Baig, who heads Online News Agency, while talking to The News, insisted that the Supreme Court had rejected the plea to stop the military courts from functioning and that it was a written plea of Hamid Khan’s petition. However, Hamid Khan’s petition merely challenges the 21st Amendment on the basis that it is against the basic features and structure of the Constitution and against the basic principle of independence of judiciary and separation of powers. The petition seeks striking down of the 21st Constitutional Amendment. Those representing the government’s news agency APP admitted that there was a factual mistake in reporting. Hamid Khan had said on the day of hearing of the petition (Wednesday, January 28) that as the apex court had sought the response of the Federation, the government should avoid setting up military courts as it will be inappropriate after the Supreme Court’s order.