ISLAMABAD: The Pakistan Tehreek-e-Insaf (PTI) approached the Supreme Court against trying civilians in military courts, saying it is a “clear violation” of the constitutional guarantees of due process and fair trial.
PTI Additional Secretary General Omar Ayub Khan on Monday filed a constitutional petition citing the federation through the interior secretary, chief secretaries Punjab, Balochistan, and Khyber Pakhtunkhwa and inspector general of police of Islamabad, KP, Punjab, and Balochistan as respondents.
It stated that the scope of Article 245 of the Constitution was limited in nature, and also limited to circumstances where the civil power of the state may be overwhelmed for any reason. The federal government’s requisition of the armed forces in order to quell and repress their political opponents purely to disable them from exercising their constitutional rights is a gross violation of Article 17 of the Constitution, it added.
The petition further said that such trials are highly deprecated internationally and widely considered as falling short of providing a fair trial. It also stated that “they constitute a violation of Pakistan’s obligations under the International Covenant on Civil and Political Rights (ICCPR) which has been ratified by the country.”
It maintained that the “trial of thousands of workers of a political party (or a political leader) through such courts is unheard of in the history of this country”.
“The workers and supporters now sought to be tried through military courts are not part of any terrorist organization and pose no threat to national security. Thus it is contrary to the Constitution to try civilian protestors through military courts”, added the petition.
The party also challenged the deployment of the armed forces under Article 245 of the Constitution in Punjab, Khyber Pakhtunkhwa (KP), and the Islamabad Capital Territory (ICT).
The petition maintained that the police and civilian forces were fully capable of facilitating and allowing the public to carry out their protest. In such a situation, when the civil forces were not overawed, there is no justification for the requisition of the armed forces.
The PTI stated in its petition that protests against an unlawful action – the arrest of PTI chief Imran Khan – were now being used as a pretext in order to launch a crackdown against the largest political party in Pakistan and to dismantle it through detention and fear.
Copyright Business Recorder, 2023
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