IHC orders production of Article 245 notification copy

Published July 28, 2014
The Islamabad High Court was urged to declare the decision of the government as ‘null and void’. -File Photo
The Islamabad High Court was urged to declare the decision of the government as ‘null and void’. -File Photo

ISLAMABAD: The Islamabad High Court on Monday issued notices to the secretaries of Ministries of Law, Interior and Defence as well as the Cabinet against the government’s decision to call in the army into the capital and directed that a copy of the order invoking Article 245 must be presented in the court, DawnNews reported.

IHC Chief Justice Anwar Kasi sought a reply from the secretaries on August 6, 2014.

During the hearing, IHC Bar Association President and applicant Sheikh Hasan al-Din argued that Article 245 was not even extended to insurgency hit areas and if such a step was taken, the writ of the government would weaken.

The situation in Islamabad is not so bad that such a drastic step needs to be taken, the applicant maintained. The applicant added that Article 245 can only be invoked if the civil administration fails to control the situation.

“To invoke Article 245 and give army the powers is similar to imposing a mini martial law,” he added.

The applicant urged the IHC to declare the decision of the government as ‘null and void’.

The IHC chief justice noted that the government notification was not attached with the application and hence a ruling cannot be passed.

Additional Attorney General Tariq Mehmood said that even he did not possess a copy of the notification.

On this, the learned judged questioned as to why the AAG did not have a copy while the media already was in possession was the notification copy.

The hearing of the case will be held every day from August 6 onwards.

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