Imran Khan Urges Supreme Court to Address 'Unconstitutional' Measures in Three Provinces, Islamabad, and Investigate May 9 Vandalism
Imran Khan,
Pakistan Tehreek-e-Insaf Chief, Petitions Supreme Court to Address 'Undeclared
Martial Law' and Aggressive Crackdown on His Party
Imran Khan,
represented by his lawyer Hamid Khan, has filed a petition with the Supreme
Court, urging the court to investigate the government's decision to involve the
armed forces in the Federal Capital Territory, Punjab, Balochistan, and Khyber
Pakhtunkhwa (K-P) under the pretext of Article 245 of the Constitution. The
petition argues that the exercise of this power by the federal cabinet, without
objective conditions, violates fundamental rights.
Additionally,
Imran Khan has requested the Supreme Court to appoint a commission led by a
judge to investigate the circumstances surrounding his arrest on May 9 and
subsequent incidents. The petition raises several questions, not only about the
nature of his arrest, which the Supreme Court has already deemed unlawful, but
also about the invocation of the Army Act 1952 and Official Secrets Act 1923
against civilian offenders.
The petition
questions whether the trial of civilians accused of attacking military
installations, including the Corps Commander's House (originally Jinnah House),
falls within the jurisdiction of military courts and raises concerns about
potential violations of constitutional provisions, such as Article 4, 9, 10A,
14, and 25, as well as international human rights charters.
Furthermore,
the petition argues that trying civilians in military courts would deny them
the right to life, due process, fair trial, and equal protection under the law.
It highlights the "deliberate, malafide, contumacious disregard" for
court judgments related to the provision of elections, calling for judicial
determination on the matter.
Imran Khan also
appeals to the Supreme Court to address the "unlawful arrests" of
party leaders and individuals accused of vandalizing state installations
without proper registration of cases under applicable laws. The petition argues
that arresting, investigating, and trying civilians under the Army Act 1952 and
Official Secrets Act 1923 in peacetime is unconstitutional, devoid of legal
effect, and undermines the constitution, rule of law, and judicial
independence.
Additionally,
the petition condemns the arrests and detentions of PTI party members,
supporters, and workers under the Maintenance of Public Order provisions as
unconstitutional. It argues that the forced removal of PTI members from the
party and their offices is in violation of Article 17 of the Constitution.
While the PTI
achieved a partial victory in the initial confrontation with the government,
resulting in Imran Khan's release from the custody of the National
Accountability Bureau (NAB) with the support of the superior judiciary, the
party now faces a second round of confrontation. A massive crackdown is underway
against PTI leadership and workers for their alleged involvement in attacks on
state properties and military installations following Imran's arrest on May 9.
The outcome of
this ongoing conflict remains uncertain, and all eyes are once again on the
Supreme Court as the political future of the PTI hangs in the balance.
