Former chief justice contests constitutional bench

Author: agenices

Former Chief Justice of Pakistan (CJP) Jawad S Khawaja has formally challenged the Supreme Court’s decision to fine him Rs20,000, over allegations of delays in the military court trial case.

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.

Khawaja 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.

Khawaja further 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.