Former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja has filed a contempt of court petition against Prime Minister Shehbaz Sharif for not following the Supreme Court’s May 7 order. The order had directed the federal government to create an independent appellate forum within 45 days for civilians convicted by military courts during the May 9, 2023 riots.
The petition, submitted through senior lawyer Khwaja Ahmad Hosain, argues that the government failed to comply with the court’s instructions, which amounts to willful disobedience. It has been filed under Article 204 of the Constitution, the Contempt of Court Ordinance 2003, and Supreme Court Rules 1980.
On May 7, a five-judge Supreme Court bench had instructed the government and Parliament to amend the Pakistan Army Act and related rules to allow civilians convicted by military courts to appeal in High Courts. The petition claims that because no appellate forum was created within the set timeframe. And all related military court proceedings are now unlawful and unconstitutional.
The plea states that under Article 90, the prime minister is personally responsible for implementing Supreme Court orders. The government’s inaction, it argues, violates fundamental rights, particularly the right to a fair trial and due process.
The petition also highlights that the Supreme Court emphasized the need for legal reforms in line with Pakistan’s international human rights obligations, especially under the International Covenant on Civil and Political Rights (ICCPR). It concludes that the government had no discretion—the order made it mandatory to legislate and provide a proper appeal process for civilians tried by military courts.
