Web Desk
Imran Khan, undeterred by recent events, has filed a petition on Thursday challenging the treatment of his supporters during riots and urging the Supreme Court to declare the arrests, investigation, and trial of civilians under the Army Act and the Official Secrets Act as a violation of the Constitution.
The petition, presented by senior counsel Hamid Khan, also calls for the formation of a judicial commission comprising Supreme Court judges to investigate the distressing incidents that occurred on May 9 and 10. Imran Khan seeks to hold those responsible accountable and recommends actions against individuals involved in the unfortunate events that resulted in loss of lives and damage to both state and private properties, thus tarnishing Pakistan’s reputation internationally.
Earlier, a similar petition was filed on behalf of PTI by Advocate Gohar Khan.
Also read:
Basic membership of PTI deserters terminated on Imran Khan’s orders
In the fresh petition, Imran Khan argues that the alleged imposition of an “undeclared” martial law or the involvement of armed forces in Punjab, Balochistan, Khyber Pakhtunkhwa, and Islamabad is unconstitutional, illegal, and void. He claims that all actions taken under such circumstances have no legal effect.
The respondents named in the petition include the ministries of defense and interior, the cabinet, Prime Minister Shehbaz Sharif, Nawaz Sharif, Maryam Nawaz, Asif Zardari, Foreign Minister Bilawal Bhutto-Zardari, Maulana Fazlur Rehman, MQM convener Khalid Maqbool Siddiqui, caretaker Chief Minister of Punjab Mohsin Naqvi, KP’s caretaker CM Azam Khan, IGP Punjab and Islamabad, KP, and the commandant of Frontier Constabulary.
Imran Khan argues that the arrests of PTI members under the Maintenance of Public Order (MPO) and their subsequent detention orders are unconstitutional and void. He asserts that these individuals should be released immediately as their arrests were illegal, mala fide, and against the jurisdiction, thus violating the Constitution.
The petition highlights the alleged dismantling of PTI by pressuring party leaders to resign from membership and office, deeming it unconstitutional and void under Article 17.
Interestingly, the petition points out that the respondents have previously claimed to the Supreme Court that law enforcement personnel could not be deployed due to security concerns. However, when protests arose, an ample number of personnel were available indefinitely to control the situation. This inconsistency raises doubts about the true intentions behind the requisition of armed forces to suppress political opponents, suggesting malice and exceeding jurisdiction.
Imran Khan further argues that the trial of civilians in military courts violates constitutional guarantees of due process and fair trial. Such trials are widely criticized internationally and domestically for failing to provide a fair trial. The supporters of the PTI who are now being subjected to military court trials are not affiliated with any terrorist organization and do not pose a threat to national security, he emphasizes.
The petition asserts that these actions deprive citizens of their constitutional rights to life, dignity, privacy, association, equality, and protection of property, as enshrined in Articles 9, 14, 17, 19, and 23.
Furthermore, the petition highlights a discriminatory attitude by allowing political parties with government support to hold rallies outside the Supreme Court despite the imposition of Article 245 and Section 144. This differential treatment violates Article 25.
Imran Khan emphasizes that the invocation of Article 245 has not been properly exercised by the cabinet, which should authorize requests made by the governments of Punjab and KP. The authority of these governments is questionable following the expiration of the allocated time period for the caretaker government.
