Establishment of Military Courts, PTI challenges Article-245 in Supreme Court
In petition filed by Pakistan Tehreek-e-Insaf, it has been stated that Article-245 cannot be used for political purposes, implementation of Article-245 is to fight political opponents with army
In petition filed by Pakistan Tehreek-e-Insaf, it has been stated that Article-245 cannot be used for political purposes, implementation of Article-245 is to fight political opponents with army. Pakistan Tehreek-e-Insaf has filed an application in Supreme Court to declare appointment of soldiers as null and void under Article 245 of Constitution. Trials in military courts will affect basic human rights.
Pakistan Tehreek-e-Insaf (PTI) has approached Supreme Court through a petition filed by Umar Ayub, Additional Secretary General.
In petition, position has been taken that under Article 245 of Constitution, matter of summoning army in federation and provinces, worst crackdown against workers and leaders of Tehreek-e-Insaaf and action against them in military courts has been challenged.
In petition, it has been requested to declare notification of federal government to call up army null and void.
Under Article 245 of Constitution, issue of summoning army in federation and provinces, the worst crackdown against the workers and leaders of Tehreek-e-Insaf and the action against them in military courts.
آئین کے آرٹیکل 245 کے تحت وفاق اور صوبوں میں فوج کی طلبی، تحریک انصاف کے کارکنان، قائدین کیخلاف بدترین کریک ڈاؤن اور ان کیخلاف فوجی عدالتوں میں کارروائی کا معاملہ
پاکستان تحریک انصاف نے ایڈیشنل سیکرٹری جنرل عمر ایوب کی جانب سے دائر درخواست کے ذریعے عدالتِ عظمیٰ سے رجوع کر لیا…
— PTI (@PTIofficial) May 22, 2023
In the petition, it is also requested to immediately stop the ongoing worst nationwide crackdown against the workers and leaders of Tehreek-e-Insaf.
In the petition, it is also requested that the decision to take action against peaceful citizens and workers through military courts be declared unconstitutional and illegal.
The application was filed by Barrister Gauhar Khan and Uzair Karamat Bhandari Advocate. Federal and provincial governments and IGs have been made parties in the petition. Decisions of Supreme Court and High Court regarding elections have been made part of the application.
Details of continuous refusal of government ministers to hold elections are also enclosed with the petition
The justification for summoning the army under Article 245 and the notification for the deployment of the army in Islamabad and the provinces have also been enclosed with the application.
Photographic evidences of peaceful protest by Tehreek-e-Insaf workers have also been submitted before the Supreme Court along with the petition.
In the petition, the details of the worst illegal crackdown against Tehreek-e-Insaf workers and leaders have also been placed before the court.
Irrefutable evidences of Tehreek-e-Insaaf leaders including Dr. Yasmin Rashid preventing the burning and encirclement have also been made a part of the application.
It has been argued in the petition that Article 245 cannot be used for political purposes, the implementation of Article 245 is to fight political opponents with the army, trial in military courts is against fundamental rights.
It has been said in the petition that the constitution gives citizens the right to a transparent and fair trial, thousands of political workers and leaders have never been tried in military court in history, the court should annul the implementation of Article 245 and the crackdown under it.al opponents with army
