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Supreme Court or Military Court?

The Peshawar carnage changed everything in this country except the mind set of Demagogues and Armed forces which is the saddest of all happenings. The petition against the 21st amendment in Supreme Court is to be heard on 28th of this month. All eyes on SC as it is the last hindrance in the way of the establishment of Military Courts.

There stands a verdict by Supreme Court in Mehram Ali’s case in 1998 so in the light of it SC can reexamine if the suggestions given by the apex court in that case are being followed or not. In Mehram Ali’s case SC designated broad guidelines which after being followed can lead to desired Military Courts because there cannot exist parallel judicial system. If SC says the procedure taken to make these military courts are not according to the recommendations given by apex court in 1998 then the government may go for a review petition or SC may ask the government to bolster the lower judiciary so they may go for the audacious verdicts.

Look dude, you haven’t strengthened the lower judiciary nor even you went for judicial reforms suggested by the apex court so that’s why you are entangled to make Military Courts again. Immediately you have managed to establish the MCs under the cover of 21st amendment but now the SC will decide whether the MCs are being secured by this unanimous amendment or not. Listen sir, if SC strikes down the establishment of MCs and claims it to be unconstitutional then there would be no option left except to take these terrorism cases in conventional judicial system.

No listen, the thing is SC will take all the aspects in mind while giving any decision on the petition as the 21st amendment has been passed by the legislator unanimously and the extraordinary circumstances that Pakistan is facing, so they cannot or may not strike it down facilely. No one can say now what would be the verdict of SC as the circumstances in 2015 are much different from 1998.

People say COAS called three giants immediately after the Peshawar bloodbath and CJ is one of them. Let’s see if he follows the path of the two giants or go for his own new idea. One thing he can do is to make SC relevant in these extraordinary circumstances by delegating power to the apex court that it can hear the petitions of the culprits that are being sentenced by MCs. But dude what you can do to retired and on service Generals who keeps on threatening SC on air and off air? Can you reason with them to let the apex court decide independently? There is an echo by the armed forces that if SC strikes down the 21st amendment especially the unchecked establishment of military courts then Court will be responsible for constitutional abrogation.

We are living in a country where stick is more powerful than reason and logic. Let’s hope SC works independently and without any pressure.

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