ISLAMABAD (Agencies): Pakistan Tehreek-e-Insaf Chairman Imran Khan on Thursday urged the top court to determine legality of the ongoing crackdown on his party in the wake of May 09 incidents.
It is pertinent to mention that on the occasion of Pakistan Martyrs Day on Thursday, Army Chief Syed Asim Munir visited Police Line Islamabad and addressed the families of the police martyrs along with Islamabad Police officers and soldiers, saying what happened on May 09 is very sad and condemnable.
Invoking the Supreme Court’s (SC) jurisdiction Khan’s counsel Hamid Khan requested the court to probe into the government’s decision to call “in the aid of the armed forces in the Federal Capital Territory, Punjab, Balochistan and Khyber Pakhtunkhwa (K-P) in the purported exercise of powers under Article 245 of the Constitution”.
“The dictated exercise of this power by the federal cabinet in the absence of objective conditions for the exercise of that power is clearly violative of the fundamental rights,” the petitioner submitted. The counsel prayed the top court to form a commission of a SC judge to probe the events surrounding his arrest on May 09 and subsequent incidents.
It is worth mentioning that cases against as many as 16 ‘miscreants’ are scheduled to be heard by the military courts who were allegedly involved in attacking military installations and disrespecting memorials of the martyrs following the arrest of the former prime minister. Seeking the court’s attention to address questions of law raised through the petition the petitioner’s counsel urged to determine legality about the nature of Imran’s arrest — which the SC had already declared unlawful — but also about the invocation of Army Act 1952 and Official Secrets Act 1923 against civilian offenders.
It also questioned, “Whether the trial of civilian saboteurs who allegedly were involved in attacks on Corps Commander’s House (which is originally Jinnah House and thus a civilian house for legal purposes) is without jurisdiction, coram non judice and malafide”. Furthermore, “Whether the trial of civil offences committed by civilians under the Army Act is against the provisions of Article 4,9, 10 A, 14 and 25 of the Constitution read with UN Charter of Human Rights and other international charters”.
It is pertinent to mention that an Anti-Terrorism Court (ATC) in Lahore on Thursday has accepted plea of the military to hand over a total of 16 suspects to be tried under the Pakistan Army Act in a case relating to attacks by political protesters on the house of a top military commander earlier this month. Authorities began a crackdown on close associates and supporters of former Prime Minister Imran Khan after his followers attacked security forces and torched government and military properties, including the home of the Corps Commander in Lahore, following the popular opposition politician’s arrest on corruption charges on May 09. The petitioner submitted that trying civilians in military courts would be synonymous with denying them the right to life, due process and fair trial, the dignity of man and equal protection of law to the accused.
It has also been submitted that the “deliberate, malafide, contumacious disregard” for court judgments passed by the SC concerning the provision of elections ought to be determined judicially. The PTI chief has also pleaded with the apex court to take notice of the “unlawful arrests” of party leaders and others accused of vandalising state installations “without the registration of cases under the applicable laws”.
“The arrests, investigation and trial of civilians in peace-time under the Army Act 1952 read with the Officials Secrets Act 1923 in unconstitutional and void of no legal effect and amounts to the negation of the constitution, rule of law and independence of the judiciary,” the petitioner submitted. Furthermore, the petitioner deplored the arrests and detentions of the PTI party members, supporters and workers under the Maintenance of Public Order provisions as unconstitutional. Citing the provisions of Constitution of Pakistan the petitioner sought top court intervention saying, “The dismantling of PTI through forcible quitting of party membership and office are unconstitutional and void of being against Article 17 of the Constitution”.
PTI chief seeks SC probe into May 9 vandalismPTI chief seeks SC probe into May 9 vandalism
