ISLAMABAD: The Supreme Court on Monday heard petitions against the 18th and 21st Constitutional Amendments during which Attorney General of Pakistan Salman Aslam Butt argued that the court cannot declare any constitutional amendments or law null and void.
Giving arguments in favor of constitutional amendments, Attorney General Salman Aslam Butt said that the judiciary had accepted in Ziaur Rahman case that it could not declare constitutional amendment null and void and that the judiciary has also accepted that it is not above the constititution.
The Attorney General said that it was also accepted in a case at Sindh High Court that making amendments is the right of the consultative body and judiciary’s work is only to explain the constitution. Parliament represents peoples’ aspirations, constitution has no basic structure, the preamble is neither supreme to constitution but in fact it is not even linked to constitution, he added.
Referring to military courts the Attorney Geneal said that people who are a part of the army under the Army Act and those who has link to army or those who fall under Defence of Pakistan could not approach ordinary courts.
On this Chief Justice asked whether a civilian could be tried in a military court or not to which Attorney General said that if an enemy is apprehended his trial will be conducted at military court instead of ordinary court and if a civilian talks about breaking the country he too will be tried at military court.
Directing Attorney General to submit submissions over 18th and 21st Constitutional Amendments by tomorrow. The court adjourned the hearing till tomorrow.
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