SC returns PTI chief’s plea against ‘covert martial law’

ISLAMABAD: The Supreme Court registrar’s office has returned PTI Chairman Imran Khan’s plea seeking an order against the military trial of civilians and deployment of the army in three provinces.

The registrar’s office, on Tuesday, objected that the petitioner had not raised questions of public importance with regard to the enforcement of fundamental rights, to directly invoke the court’s jurisdiction under Article 184(3) of the Constitution.

In his application, moved through senior counsel Hamid Khan, the PTI chief had requested the court to declare “as an imposition of undeclared martial law the centre’s action of calling armed forces in Punjab, Khyber Pakhtunkhwa, Balochistan and Islamabad; trial of civilians in peacetime under the Army Act, 1952 and Official Secrets Act, 1923; and dismantling of PTI through forcible quitting of party membership”.

In the petition, Mr Khan had contended that the alleged imposition of an undeclared martial law or calling the armed forces in Punjab, Balochistan, Khyber Pakhtunkhwa and Islamabad in aid of civilian governments was unconstitutional, unlawful and without any effect.

Ex-PM secures bail from LHC in Zille Shah murder case

The petition requested the formation of a judicial commission consisting of Supreme Court judges to probe the “horrendous and terrible incidents of May 9 and 10.

While returning the petition, the SC registrar said it failed to satisfy the requirement for invoking the apex court’s “extraordinary jurisdiction under Article 184(3)”.

The article allows the court to take notice of matters involving a matter of ‘public importance’ with reference to the ‘enforcement of the fundamental rights’ of the citizens enshrined in the Constitution.

The petitioner didn’t approach any other forum for relief and provided no justification for not doing so.

Besides the prime minister, foreign minister, Punjab and KP chief ministers were made respondents when they cannot be made a party in any case under Article 248.

The petitioner has also raised misconceiving and multifarious prayers in one petition, the registrar’s office said.

Imran gets bail

Separately on Tuesday, the Lahore High Court confirmed Mr Khan’s pre-arrest bail in a case of allegedly concealing facts and evidence about the death of his party worker, Zille Shah.

The PTI chief appeared before the court on the expiry of pre-arrest bail.

Justice Anwarul Haq Pannun asked the prosecutors to establish Mr Khan’s role in the case.

The judge declined the prosecution’s request to cancel the bail observing that the petitioner had joined the investigation and there was no ground to entertain the request.

Published in Dawn, June 7th, 2023