Court gives credence to state of war: law experts

ISLAMABAD: Senior lawyers SM Zafar and Salman Akram Raja Thursday underlined fact that the court could give credence to the government if it succeeds in converting narrative of “state of war” into a legal argument to defend the 21st Amendment including establishment of the special courts in the Supreme Court.
SM Zafar told The News the courts give decisions on the basis of law and constitution but there are number of precedents at the international level when superior courts kept in mind unprecedented circumstances especially ‘state of war’ while giving decisions on specific issues.
“The Supreme Court (SC) would review petitions against 21st Amendment and it would hear arguments from all quarters. In my opinion, the apex court would ponder over the issue of war on terror and the extraordinary situation confronting Pakistan in its war against terrorism,” he said.
He said the lawyers community always opposed establishment of military courts and they were right when they said that there was no provision in the Constitution for this act before passage of 21st Amendment.
It is pertinent to mention here that upon the call of the Pakistan Bar Council, SC and High Court Bars and lawyers across country observed Black Day on Thursday in protest against 21st Amendment and establishment of the special courts.
Reputed legal practitioner Salman Akram Raja told The News that some lawyers are oversimplifying the situation when they say that SC would conduct hearings and declare 21st Amendment null and void.
He said no court makes up its mind before start of the case so the SC would deal the issue of 21st Amendment in line with the law and constitution.
“The superior courts in various countries gave importance to ‘state of war’ factor in their decisions. The government would have to prove before the apex court that Pakistan is in a state of war and playing the role of a frontline state in ongoing war on terrorism,” he said.
He said no court in its decision mentions that it has kept in mind the extra ordinary circumstances while giving any decision but the relevant quarters just catch such impression in the text of the verdict.