SHAFAQNA PAKISTAN (Shia News Agency)
The chief justice of the Islamabad High Court (IHC) has constituted a three-judge bench to hear identical petitions, filed by Islamabad Bar Association and a private petitioner, against the imposition of Article 245 in the federal capital.
According to the cause list (list of cases) for the week commencing from August 11, the three-member larger bench consisting of IHC Chief Justice Mohammad Anwar Khan Kasi, Justice Shaukat Aziz Siddiqui and Justice Athar Minallah will hear the petitions on Tuesday (August 12).
This will be the first time that a larger bench has been constituted in the IHC since its establishment in January 2011. So far, routine cases are being heard by the single member or two members’ division benches in the high court.
The larger bench would hear the petitions on a daily basis following an observation by IHC Chief Justice Kasi on July 28 regarding the sensitivity and urgency of the petition.
While Justice Kasi was on leave during the first week of August, the petition was fixed before IHC Justice Siddiqui on August 6.
Justice Siddiqui, however, referred the matter to the IHC chief justice, asking for the formation of a larger bench to hear the matter, saying that the wisdom of at least three judges should decide this important case.
The petitioners’ contention was that the government had unnecessarily invoked Article 245 as there was no need to call out the army in the federal capital.
Ehsanuddin Sheikh, senior counsel for petitioner Naseer Kayani, who is the current president of the Islamabad Bar Association, pointed out before the court that the notification issued for invocation of Article 245 did not specify any reason for calling out the army.
The IHC, on July 28, sought replies from the respondents – the defence, interior, cabinet and law secretaries.
According to a court official, so far, except for the defence secretary, all other respondents have filed their replies, defending the invocation of the article.
They said that invoking of Article 245 did not hinder IHC’s authority to entertain petitions related to the fundamental rights filed under Article 199 of the Constitution.
Explaining Clause 4 of the Article 245 which suspends high court’s jurisdiction of dealing with the petitions of Article 199, their reply said: “The suspension relates only to the extent when armed forces in fact act in aid of civil power. In other words the jurisdiction of the court is fully and absolutely intact in all matters except actual acting of the armed forces in aid of civil power and the federal government’s direction of calling of the armed forces in aid of civil power.”
The reply, however, insisted that the IHC “lacks jurisdiction to entertain the petition in terms of clause (2) of the Article 245” which says: “The validity of any direction issued by the federal government…shall not be called in question in any court.” It requested the court to dismiss the petition against invocation of Article 245.
pakistan.shafaqna.com
