‘I have filed the petition in the Supreme Court as a protest to let the world know about the sentiments of the people of Pakistan on consecutive drone attacks which are killing scores of people,’ petitioner M. Tariq Asad told reporters after moving the petition.

It may be mentioned here that Mr Asad, himself a lawyer, approached the apex court in July, 2007, against the Lal Masjid operation and later represented families of some of its students who went missing after the operation.

In his petition, Mr Asad sought the apex court’s direction for the government to submit a complaint against the United States in the International Court of Justice or any other appropriate judicial organ of the United Nations for an appropriate action in accordance with international laws.

The petition said that killing and causing serious physical and mental harm to the inhabitants of the northern areas and systemically oppressing them and denying their right to life and liberty amounted to derogation of the Convention on the Prevention and Punishment of the Crime of Genocide and Convention on the Suppression and Punishment of the Crime of Apartheid.

It said that the military operation against the citizens was in derogation of Article 245 (functions of the armed forces) of the Constitution as interpreted in the 1999 Liaquat Hussain case.

Under the instructions of the federal government, the armed forces can be called either to defend the country against external aggression or threat of war or to act in aid of civil power when called upon to do so.

‘The war against the citizens is not permitted under the 1973 Constitution, besides the military operation against the civilians also does not fall within the purview of Article 245 of the Constitution,’ the petitioner said.