Omar Ayub Khan, the Additional Secretary General of PTI, files the petition on behalf of the party, seeking the intervention of the Supreme Court under Article 184(3).
ISLAMABAD: (UrduPoint/Pakistan Point News-May 22nd, 2023) The Pakistan Tehreek-e-Insaf (PTI) party lodged a challenge against the utilization of the armed forces under Article 245, claiming that it was a tool for "politically victimizing" the PTI led by Imran Khan.
They also argued that the trial of civilians accused of arson on May 9, which took place under military courts, was a direct violation of due process and Pakistan's commitment to international laws.
Omar Ayub Khan, the Additional Secretary General of PTI, filed the petition on behalf of the party, seeking the intervention of the Supreme Court under Article 184(3).
The petition raised 22 questions before the court, seeking clarification on the interpretation of the law, whether the requisition of armed forces violates Article 17, and whether the deployment poses a threat to the parliamentary democratic system.
Additionally, the petition requested the court to examine if the requisition of armed forces was "malafide and in excess of jurisdiction." The federal government had previously claimed that they could not be deployed due to security concerns during elections.
The plea asked, "Is the trial of civilians through military courts a clear violation of the Constitutional guarantees of due process and fair trial, as well as a violation of Pakistan's existing obligations under the International Covenant on Civil and Political Rights (ICCPR), and the jurisprudence developed by the Supreme Court?".
The petition also raised concerns about the "discriminatory attitude" of the federal government regarding the use of Article 245 and Section 144, particularly in relation to their support of the public gathering organized by the Pakistan Democratic Movement (PDM) outside the Supreme Court.
Furthermore, the petition questioned whether labeling the PTI as a "terrorist organization" was a deliberate tactic to prevent their participation in elections and remove them from the electoral process.
On May 9, Imran Khan, the Chairman of PTI, was arrested at the Islamabad High Court, leading to widespread protests throughout the country. The protests included attacks on military installations, such as the corps commander's house in Lahore and the General Headquarters in Rawalpindi.
In response to the violent protests, the military was deployed in Khyber Pakhtunkhwa, Punjab, and Islamabad to restore law and order.
The Ministry of Interior approved the request of the Punjab government for assistance, authorizing the deployment of ten companies of troops. The army's role would be to collaborate with the district administration in restoring law, order, and peace.
The order issued by the Federal Ministry of Interior stated, "In accordance with the request made by the Home Department Government of Punjab, as mentioned in their letter No.SO(IS-II)3-15/2023 (Security) (1) Dated 9 May 2023, the federal government, exercising powers conferred under Article 245 of the constitution and Section 4 (3) (ii) of the Anti-Terrorism Act 1997, is pleased to authorize the deployment of Pakistan Army troops/assets to maintain law and order situations across the Punjab province in aid of civil power."
