ISLAMABAD: Former chief justice of Pakistan (CJP) Jawad S Khawaja challenged the apex court’s verdict to impose Rs 20,000 fine upon him for allegedly delaying the military court trial case.
A six-judge bench, headed by Justice Amin uddin, and comprising Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi, Justice Mussarat Hilali, Justice NaeemAkhtar Afghan and Shahid Bilal on December 9, 2024 had turned down the ex-CJP’s plea to defer the intra-court appeals (ICAs) against the SC’s judgment on military courts till the decision on 26th Amendment by Full Court. The court, dismissing the application, imposed Rs 20,000 fine on former chief justice Jawad S Khawaja, as his counsel told the bench “he does not accept the jurisdiction of the constitutional bench.”
He contended that the current bench had been nominated by the Judicial Commission of Pakistan under 26th Amendment.
However, one of the members of the bench, Justice Jamal Khan Mandokhail, told him to leave the courtroom if he does not recognise the constitutional bench. Justice Mandokhail emphasised that the 26th Constitutional Amendment had not been invalidated by any court. He said that the benches are being constituted in accordance with the 26th Amendment, and decided that the same bench (Constitutional Bench) would hear the petitions against the 26th Amendment.
Ex-CJP Jawad S Khawaja, in his petition, denied causing any delay and argued that records demonstrated his repeated efforts to expedite the proceedings.
“There has been no delay by the petitioner. The record speaks for itself,” the application stated, highlighting two early hearing applications submitted to prioritise the appeal.
He contended that blaming him for delays was baseless and unfairly compromised the rights of those detained under military custody.
The ex-CJP also raised significant constitutional questions, particularly the validity of the 26th Amendment, which created the judicial commission responsible for appointing the current constitutional bench.
According to Khawaja, if the amendment is overturned, the decisions of this bench could become legally void, exposing a critical gap in judicial impartiality.
“It cannot be that the decisions of a Constitutional Bench declared unconstitutional are immune from judicial scrutiny,” he asserted. Such outcomes, he added, would undermine citizens’ access to justice and fundamental rights. The former chief justice criticised the involvement of government members in the judicial commission, suggesting potential bias in appointing judges who handle cases tied to state interests, including military trials of civilians. “This raises serious questions about judicial independence,” he said.
Copyright Business Recorder, 2025
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