Article 245 challenged: Judge sends petition to IHC CJ for formation of larger bench

Article 245: Petition for larger bench... by dawn-news ISLAMABAD: Justice Shaukat Aziz Siddiqui of the Islamabad High Court (IHC) on Wednesday forwarded the petition filed against the enforcement of Article 245 of the Constitution to Chief Justice IHC, Justice Muhammad Anwar Khan Kasi, for the formation of a larger bench. The petition, filed by President Islamabad Bar Association Naseer Kayani and Syed Nayyab Hassan Gardezi, contends that since there was no sign of failure of the civil administration, the government could not call out the army in aid to civil law enforcement agencies. The petitioner further said that the aforementioned article of the Constitution also hindered swift dispensation of justice as it called for the suspension of Article 199 that guarantees fundamental rights of citizens. It also claims that the army had been summoned without the approval of the federal cabinet and the prime minister who was in Saudi Arabia to perform Umrah. Article 245 says that “a high court shall not exercise any jurisdiction under Article 199 in relation to any area in which the armed forces are, for the time being, acting in aid of civil power”. Earlier, the law ministry in a written response had said that Article 199 had not been suspended, adding that unquestionably the army had entered Islamabad for patrolling and security purposes and would function according to the orders issued by the government. The federal government had invoked the said article on July 24 and president Islamabad Bar Association Naseer Kayani and Syed Nayyab Hassan Gardezi had put forth the challenge against its enforcement on July 28.