ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) has moved the Supreme Court of Pakistan, filing a petition against the invoking of Article 245 of the Constitution in several provinces and Islamabad. The plea, filed by PTI’s Omar Ayub Khan through Barrister Gohar, argues that the use of Article 245 for political motives is unwarranted.
The petition asserts that Article 245, which deals with the aid of civil power and the requisition of the army for provinces, is being misused to create division between the military and political figures. Furthermore, it contends that conducting trials in military courts under this provision violates fundamental rights.
PTI requests Supreme Court to declare invoking of Article 245 null and void
The plea requests the court to declare the invoking of Article 245 and the ongoing crackdown carried out under its jurisdiction as null and void. The PTI believes that the implementation of Article 245 is aimed at targeting political opponents using the armed forces rather than serving its intended purpose.
The petition emphasizes that Article 245 should not be utilized for political purposes and states that conducting trials of political activists and leaders in military courts goes against citizens’ right to a transparent and fair trial.
The Constitution grants citizens the fundamental right to a fair trial, and it is highlighted that historically, there has never been a case where thousands of political activists and leaders were tried in military courts. Article 245 of the Constitution allows for the army to be called upon to assist the civil administration.
The government invoked this article in Punjab, Khyber Pakhtunkhwa, Balochistan, and Islamabad following the tense situation that arose after the arrest of Tehreek-e-Insaf Chairman Imran Khan in the Al-Qadir Trust case on May 9.
