Islamabad [Pakistan], July 29 : Former Chief Justice of Pakistan Jawad S Khawaja has submitted a contempt petition to the Pakistani Supreme Court against the country's Prime Minister Shehbaz Sharif, accusing him of failing to implement the court's May 7 directive in the military courts case, The Express Tribune reported on Monday.
According to The Express Tribune, Khawaja, in his plea, argues that the Pakistani Supreme Court had clearly ordered the federal government to either amend existing laws or introduce new legislation within 45 days to ensure that civilians convicted by military courts are granted the right to appeal in a High Court. He contends that the government has not complied with this instruction.
"This is a straightforward case. The Supreme Court directed the Federal Government to make necessary amendments/legislation to provide an independent appellate right to the High Court from decisions in court-martial proceedings within 45 days. This direction has not been complied with," the petition read, as quoted by The Express Tribune.
Khawaja claims that the federal government has defied a binding court ruling and asserts that Shehbaz Sharif, named as the respondent, is responsible for this inaction.
The petition also emphasises that when fundamental rights are at stake, superior courts have the authority to direct federal or provincial governments to align laws with constitutional guarantees and to enforce or issue relevant notifications.
"In cases of violation of fundamental rights, the Superior Courts are empowered to issue directions to the Federal Government or the Provincial Governments to bring the law in conformity with fundamental rights and/or enforce law and issue notification in that regard," the petition added, as quoted by The Express Tribune.
It further notes that both the legislative and executive branches can be ordered to introduce legal reforms to ensure that laws uphold constitutional rights.
The original ruling by the Supreme Court reaffirmed earlier judgements and instructed the government to legislate on appeal rights for those convicted by military courts, stressing that such action is vital to uphold constitutional protections, as reported by The Express Tribune.
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