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India-Pakistan
Military courts are unconstitutional: Iftikhar
2014-12-31
ISLAMABAD: There is “no constitutional room” for military courts in the presence of an independent judiciary, said former chief justice of Pakistan Justice (r) Iftikhar Chaudhary, on Tuesday while talking to media in the federal capital.

He termed the military courts “unconstitutional” and said the implementation of court orders were the sole responsibility of the former or present governments.

“The basic structure of the constitution cannot be changed,” he said, adding that the basic constitutional framework guarantees the independence of judiciary.

He said the existing judicial system should be strengthen and refused to comment on the treason trial while adding that he will be moving to the court against Imran Khan for leveling allegations on him.

Iftikhar said, “Military courts are illegal and unconstitutional. The basic structure of the constitution guarantees an independent judiciary, and military courts cannot be established in the presence of an independent judiciary."

He said that no amendment or law could be made which challenged the fundamental basis of the constitution. He said that judiciary was not responsible for any delay in terrorism related cases; however, he added that existing judicial system should be strengthened.

He said that he would move the court against the allegations levelled by Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan against him, but he refused to comment on the accusations levelled by PML-Q’s Pervaiz Elahi. On issue of high treason case against Pervez Musharraf, the former chief justice said that he would not comment on the issue as the matter was sub judice.
Posted by:Steve White

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