ISLAMABAD: The Supreme Court on Wednesday heard the petitions challenging the 18th and 21st amendments to the Constitution.
The 17-member Full Bench of the Supreme Court headed by Chief Justice Nasir-ul-Mulk resumed hearing of the case filed by different bar associations of the country.
During the course of proceedings, parents of martyred children of Army Public School also appeared before the court. A video of banned Tehreek-e-Taliban Pakistan (TTP) leader Mulla Fazal Ullah was also shown in the apex court, in which he declared war against the sovereignty of the country.
Justice Qazi Faez Issa asked what was the reaction of the state against the people who declared themselves as Caliph or Ameer- ul-Momineen? He questioned that what was the state doing against the terrorists who hid themselves under the umbrella of religion?
Attorney General for Pakistan Salman Aslam Butt informed the court that the people who had taken up arms against the state would be tried in military courts. He said what would be the basic rights of those persons who did not accept the writ of the state.
Justice Qazi Faez Issa asked that whether ISIS was declared terrorist organization, if it was yes then where was the notification. He said that if Lahori or Qadyani groups appoint their Ameer-ul-Momineen then a case was registered against them. He said that Allah, Muhammad and Rasool (Peace Be Upon Him) are the symbols of love and what action was taken against those people who used those words to spread hate in the society.
Justice Jawwad S. Khawaja asked who was responsible for creating tension between Sunni and Shia. On this the AGP replied that he was ready to give an in-camera briefing.
The Attorney General said that the real purpose of the 21st amendment was to take action against the people who had started war
against the state.
Justice Qazi Faez remarked that if these people were criminals then any First Information Report (FIR) was registered against them. He asked that why these people were not tried in anti- terrorist courts. Is Military Court final solution of the problem, he asked.
Justice Jawwad S. Khawaja asked about the responsibility of the state. He asked whether the state was above the Constitution. He said that courts were working and nobody would be allowed to work beyond the Constitution.
He said that if all the institutions fulfilled their duties with responsibility then no one could challenge the writ of the state.
He also asked about the procedure of trial under the Army Act. The AGP responded that Army Act was implied on those people or groups, who initiated war against the state. He said that military courts were established under the Army Act for trial of militants.
On this the Chief Justice questioned that how the criminals would be tried at these military courts.
The court adjourned the hearing till tomorrow directing the attorney general to submit submissions over 18th and 21st constitutional amendments.
After the full court proceedings, the parents of martyred APS children raised slogans in favour of military courts and they demanded strict action against the terrorists.
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