PTI petitions the SC to stop military courts from trying civilians and the use of force.
ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) has lodged a petition challenging the deployment of armed forces under Article 245. The party alleges that this deployment is a means to politically victimize them. Furthermore, they argue that the trial of civilians accused of arson on May 9, conducted under military courts, constitutes a clear violation of due process and Pakistan’s commitment to international laws.
The PTI’s Additional Secretary General, Omar Ayub Khan, filed the petition on behalf of the party, seeking the Supreme Court’s intervention through Article 184(3). The petition poses 22 questions to the court, inquiring about the extent of the law, whether the requisition violates Article 17, and if the deployment poses a threat to parliamentary democracy.
Additionally, the petition raises concerns regarding the alleged malice and excessive jurisdiction in the requisition of armed forces. The federal government’s claim of being unable to deploy due to security issues during elections is being questioned. The petition also challenges the trial of civilians in military courts, claiming it violates the Constitution’s guarantees of due process and fair trial, as well as Pakistan’s obligations under the International Covenant on Civil and Political Rights (ICCPR).
The petition further questions the federal government’s biased support for the public gathering held by the Pakistan Democratic Movement (PDM) outside the Supreme Court. This support, according to the petition, demonstrates a discriminatory attitude toward the application of Article 245 and Section 144.
There are also concerns raised about the labeling of the PTI as a “terrorist organization.” The petition suggests that this labeling may be a deliberate tactic to prevent the party’s participation in elections and oust the Imran Khan-led party from the electoral process.
To read more: PM Shehbaz calls for preventive measures after May 9
The recent events leading to these legal actions unfolded on May 9 when PTI Chairman Imran Khan was arrested at the Islamabad High Court. Subsequently, protests erupted nationwide, with several military installations, including the corps commander’s house in Lahore and the General Headquarters in Rawalpindi, being attacked.
To restore law and order, the military was deployed in Khyber Pakhtunkhwa, Punjab, and Islamabad. The Ministry of Interior approved the Punjab government’s request for assistance, authorizing the deployment of ten companies of troops to work alongside district administrations in restoring peace and order.
The order issued by the Federal Ministry of Interior cited the powers conferred under Article 245 of the constitution and Section 4(3)(ii) of the Anti-Terrorism Act 1997 as the legal basis for deploying Pakistan Army troops to aid civil power in maintaining law and order throughout Punjab province.
