SC and 21st Amendment
Courtesy:- MALIK MUHAMMAD ASHRAF Ever since the passage of the 21 st Constitutional Amendment by the Parliament to provide for the establishment of military courts to deal with cases related to terrorism and giving them constitutional cover, a controversy has been raging about the rationale for their establishment from the legal and constitutional perspective. It has even been challenged in the Supreme Court contending that the Parliament could not alter the basic structure of the Constitution. An honourable judge of the SC Sarmad Jalal Osmani during the hearing of a case remarked “there is no need to set up military courts” and asked if the judges of the military courts would be more competent, dutiful and intelligent than those of the apex court and would be able to address all the problems.