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February 20, 2015

SC moved to validate 21st amendment

Karachi

February 20, 2015

Karachi
The Pakistan Shia Council has filed a petition in the Supreme Court seeking validation of 21st constitutional amendment in the wake of recent wave of terrorism in the country.
Allama Zuhair Abbas Abidi, chairman of the council, submitted in his petition filed on Thursday that in 1998 the Supreme Court struck down the establishment of military courts ordinance as unconstitutional but observed that federal and provincial governments were bound to protect the life, liberty, property and freedom of citizens as they have the right to perform their worship in accordance with their sects and religion.
Petitioner’s counsel Moulvi Iqbal Haider said that both federal and provincial governments have failed to protect the lives of citizens and they should have to promulgate emergency under articles 232, 233, and 235 as the constitution machinery failed in Sindh and Khyber Pakhtunkhwa.
He submitted that victims of the Army Public School in Peshawar as well as of Imambargah incident in Shikarpur, among others, were in the state of distress but federal and provincial governments have taken no action required under the Constitution.
The counsel said that the political forces decided to pass the 21st amendment and amendments to the Army Act for establishment of the military courts but the same was being challenged by the legal fraternity and some citizens.
He stated that his petitioner has sought validation of the 21st Amendment and amendments to the Army Act in the interest of public at large as the victims of the Shikarpur incidents staged a sit-in in Karachi against non-arrest of culprits and lack of action by the federal and provincial governments.
He said the militants were continuously targeting and killing the Shia community and the armed forces but the government has totally failed to protect the life, liberty, property and freedom of movement of the innocent citizens, hence in such circumstances the parliamentarians unanimously and rightly

passed the 21st Amendment. The court was prayed to pass a judgment in the interest of public at large to validate the 21st amendment and amendments in the Army Act with a direction as the said amendments are lawful and there is no harm in the constitution to establish military courts for two years for trial of militants, terrorists and the persons who are against the solidarity, integrity and security of Pakistan.