PTI chairman Imran Khan has challenged the imposition of Article 245 in the federal capital Islamabad and Punjab, Khyber Pakhtunkhwa in the Supreme Court, Aaj News reported Thursday.
The petition asks the court to declare that the “undeclared martial law/calling in aid of the armed forces in the provinces of Punjab, Balochistan, KPK and Islamabad is unconstitutional, unlawful and without any effect…”
In the petition, it has been requested to declare the court martial of the civilian under the Army Act and the Official Secrets Act unlawful. The court has been asked to rule that “arrest, investigation and trial of civilians in peace time under Army Act and Official Secrets Act is unconstitutional and void and of no legal effect and amounts to negation of the constitution.”
It also says that the ‘dismantling’ of the PTI through ‘forcible quitting’ is unconstitutional and void. The petition also says that the recent ‘crackdown’ has attacked sanctity of houses through police brutality. It says that while those who engaged in violence must face the law, they should be given fair trial and due process.
The petition also asks the court to declare all appointments made in consultaion with the ‘fake and unconstitutional’ leader of opposition as void.
Using Article 245, the caretaker Punjab and Khyber Pakhtunkhwa governments had summoned the Pakistan army in both provinces after the May 09 events. Moreover, the Federal Cabinet also summed the military in Islamabad using Article 245.
Apart from that, the arrest of PTI workers and the court martial of the party leaders and workers under the Army Act have also been challenged in the top court.
The former prime minister filed a constitutional petition in the court through advocate Hamid Khan.
He has made the federal government, Nawaz Sharif, Shehbaz Sharif, Maryam Nawaz, Asif Ali Zardari, Bilawal Bhutto, Maulana Fazlur Rehman, caretaker Chief Minister Mohsin Naqvi, and Azam Khan as parties in the petition.
In the petition, it has been pleaded that the SC should form a judicial commission to investigate the incidents of May 9, and should declare the forced separation of PTI leaders as unconstitutional.
The petition says that it is ‘pertinent’ to state the background of how the petitioner, Imran Khan, came to the current situation.
While saying that his party respects the sacrifices made by the armed forces, Imran says that the respondents want to create the ‘wrong impression’ about the armed forces which is the main objective of Maryam Nawaz.
“… Maryam Nawaz who has found in it a great opportunity to take revenge for the removal of his(her) father from power by the establishment.”
It also says that while the Sharifs faced cases, there was no interference in NAB’s affairs by the PTI government.
“It is a matter of record that the respondent Nawaz Sharif after having been convicted by a Court of law, went away on a private jet, after making deal with the establishment, on the pretext of medical treatment.” It added that bails were suddenly granted to Asif Zardari as others as NAB was ‘apparently’ under establishment control.
Imran Khan also says that that Nawaz and Maryam then started a ‘dangerous and malicious game in connivance with some media houses’ to create bad-blood between the establishment and the petitioner.
“It is now a matter of general information that respondent Nawaz Sharif made a deal with the establishment (statement of Khawaja Asif on TV),” Imran says in the petition, adding that the condition was banning PTI.
It also says that the differences that led to the regime change were created by ‘the game of manipulation’ by the Sharifs.
“A whole drama was staged by the respondents Nawaz Sharif and his daughter that the petitioner wanted to appoint his owen favourite as the next army chief.”
