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June 17, 2015

APS attack used as base for parallel judicial system: SC

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June 17, 2015

ISLAMABAD: Reacting to the military courts, the Supreme Court on Tuesday observed that a parallel judicial system was created in the country by making the Army Public School (APS) tragedy as its base.
During the hearing of a set of petitions filed against 18th and 21st amendments, the top court further observed that the laziness was committed by the administration but the charge was leveled against the judiciary,” he remarked.
“Our system of criminal justice has become ineffective; we ignore our Constitution and don’t correct our system,” said Justice Jawad S. Khawaja of Supreme Court.The 17-membere full court, headed by Chief Justice Nasirul Mulk, heard the petitions.
Hamid Khan, counsel for several lawyers organisations including the Lahore High Court Bar Association, completed his arguments.Justice Mian Saqib Nisar asked Hamid Khan if terrorists arrested from tribal areas during the military operation would be tried in a military or a civil court.
Hamid Khan replied that they would be tried under the army laws in those areas where the operation was being launched.Justice Saqib said tomorrow it would be asked if these terrorists should be killed or not. Justice Ijaz Afzal Khan remarked: “We will have to note why our criminal system has become ineffective.”
He further said: “Are our institutions not equipped with the latest system? Would it be better to shut down this system if an accused is released due to poor investigation or evidence?”Justice Sarmad Jalal Usmani said the system of military courts ran under the Army Act and asked if the Military Act gave the accused the right to defend himself.
Justice Jawad S. Khawaja remarked that the military courts had awarded death sentence to five persons but it was not known who was the witness and who was the judge. Hamid Khan said under the international law Pakistan could not keep a judicial action secret.
Justice Asif Saeed Khosa said a parallel judicial system was brought by

making the Army Public School tragedy as the base. “The laziness was committed by the administration but the charge was leveled against the judiciary,” he remarked.
Hamid Khan said the International Court of Jurists had prepared a report on the judicial system of Pakistan. Justice Jawad said he should not quote them, as they did not have their own credibility and image.
He remarked that a judge from Fiji and a lawyer form Switzerland started composing a report on our judicial system.The court adjourned hearing for today (Wednesday) after Hamid Khan completed his arguments.Ibrar Hassan, counsel for the Sindh High Court Bar Association, will start his arguments today.

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