Zarvan
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PHOTO: AFP
ISLAMABAD: In a landmark judgment, the Supreme Court on Wednesday dismissed petitions against establishment of military courts with majority.
The apex court, in an 11-6 decision, dismissed a slew of petitions against the 21st constitutional amendment wherein military courts have been established to try militants.
A 17-judge full benchalso dismissed petitions against the incumbent procedure of appointment of judges in a wide 14-3 decision.
The two-judge bench headed by Chief Justice Nasirul Mulk and comprising of Justice Dost Muhammad Khan announced the judgement early on Wednesday morning.
Read: Supreme Court ruling on amendments today
On January 28, a three-judge bench accepted pleas against 21st Constitutional amendment for regular hearing and sought concise statements from federal and provincial governments.
Later on, a 17-judge full court of the Supreme Court, headed by Chief Justice Nasirul Mulk, clubbed the 18th and 21st constitutional amendment cases and heard the arguments for several weeks.
During lengthy legal battle the Supreme Court examined petitions challenging the procedure of judges appointment under the 18th Amendment and the establishment of military courts under the 21st Amendment to try militants in the wake of last year’s bloody Peshawar school rampage.
Read: SC reserves ruling on 18th, 21st amendments
The full court on June 26 reserved its ruling on the case. A total of 35 constitutional petitions were before the court of which 20 challenged the 18th amendment and 15 challenged the 21st amendment.
After intense legal wrangling, the apex court is expected to announce ruling on three questions: (i) whether the Constitution has a basic structure or not; (ii) if it has a basic structure then whether a constitutional amendment can be struck down on the basis of it; and (iii) whether the parliament has the power to alter the basic structure of the Constitution.
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