Summary Justice Siddiqui forwards the petition for larger bench formation to IHC Chief Justice.
ISLAMABAD (Dunya News) – Islamabad High Court (IHC) has forwarded the petition to form a larger bench for hearing the case against enforcement of Article 245 to the Chief Justice IHC on Wednesday, Dunya News reported.
The Registrar IHC has also been instructed to seek petitions about basic human rights violations with respect to Article 245 enforcement.
The case against the enforcement of Article 245 was heard by Justice Shaukat Aziz Siddiqui in the Islamabad High Court.
Additional Attorney General Tariq Khokhar told the court that the government has claimed the enforcement of the Article 245 (1) and not of the Article 245 (3). Prosecution lawyer advocate Sheikh Ahsan Uddin said that there are no such reasons to be found in Islamabad that can justify the enforcement of Article 245, adding that the notification did not mention any reasons for calling out the army for assistance of civil law enforcement agencies.
Justice Siddiqui remarked by saying that the issue is of sensitive nature and forwarded the petition of forming a larger bench to the Chief Justice of IHC. Sheikh Ahsan Uddin, however requested the court to hear the case and pass the verdict today. He further said that reviewing the notification can expedite the case. Justice Siddiqui responded by saying that the notification has been reviewed and therefore, a petition to form a large bench has been forwarded to the Chief Justice. The case hearing will now proceed on August 11.
Article 245 (1) “The Armed Forces shall, under the directions of the Federal Government, defend Pakistan against external aggression or threat of war, and, subject to law, act in aid of civil power when called upon to do so.”
Article 245 (3) A High Court shall not exercise any jurisdiction under Article 199 in relation to any area in which the Armed Forces of Pakistan are, for the time being, acting in aid of civil power in pursuance of Article 245: Provided that this clause shall not be deemed to affect the jurisdiction of the High Court in respect of any proceeding pending immediately before the day on which the Armed Forces start acting in aid of civil power.”
