Imran Khan, the leader of the Pakistan Tehreek-e-Insaf (PTI), petitioned the Supreme Court (SC) on Thursday, urging the apex court to take note of the “undeclared martial law” in parts of the country and the ongoing aggressive crackdown on his party.
Imran has asked the Supreme Court, through his lawyer Hamid Khan, to investigate the government’s decision to “call in the aid of the armed forces in the Federal Capital Territory, Punjab, Balochistan, and Khyber Pakhtunkhwa (K-P) in the purported exercise of powers under Article 245 of the Constitution.”
“The dictated exercise of this power by the federal cabinet in the absence of objective conditions for exercising that power is clearly violative of fundamental rights,” according to the petition.
Imran also requested that the Supreme Court appoint a commission led by a SC judge to investigate the events leading up to his arrest on May 9 and subsequent incidents.
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Notably, cases against 16’miscreants’ who allegedly attacked military installations and disrespected martyrs’ memorials following the former prime minister’s arrest are set to be heard by military courts.
In the application, several questions were raised before the Supreme Court, not only about the nature of Imran’s arrest, which the SC had already declared illegal, but also about the use of the Army Act 1952 and the Official Secrets Act 1923 against civilian offenders.
It also questioned “whether the trial of civilian saboteurs allegedly involved in attacks on Corps Commander’s House (originally Jinnah House and now a civilian house for legal purposes) is without jurisdiction, coram non judice, and malafide.”
Furthermore, “whether the prosecution of civil offences committed by civilians under the Army Act violates the provisions of Articles 4, 9, 10 A, 14, and 25 of the Constitution, read in conjunction with the UN Charter of Human Rights and other international charters.”
According to the petition, trying civilians in military courts would imply denying them the right to life, due process, and a fair trial, as well as the dignity of man and equal protection under the law.
It also claims that the “deliberate, malafide, contumacious disregard” for court judgements issued by the Supreme Court regarding election provision should be resolved judicially.
The PTI chief has also asked the Supreme Court to look into the “illegal arrests” of party leaders and others accused of vandalising state installations “without the registration of cases under the applicable laws.”
“The arrest, investigation, and trial of civilians in peacetime under the Army Act 1952 read with the Officials Secrets Act 1923 is unconstitutional and void of legal effect, and amounts to a negation of the constitution, rule of law, and judiciary independence,” the petition stated.
Furthermore, it condemned as unconstitutional the arrests and detentions of PTI party members, supporters, and workers under the Maintaining Public Order provisions.
“The dismantling of the PTI through forcible resignation from party membership and office,” it argued, “is unconstitutional and violates Article 17 of the Constitution.”
Despite the fact that the PTI won the first round of its battle with the government, as party chief Imran Khan was released from the custody of the National Accountability Bureau (NAB) with the support of the superior judiciary.
However, it is unclear who will win the second round of this conflict, as a massive crackdown on the party leadership and workers for instigating and carrying out attacks on state properties and military installations in the aftermath of Imran’s arrest on May 9.
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All eyes are once again on the Supreme Court as the PTI’s political future hangs in the balance.
