ISLAMABAD: The Pakistan Tehreek-e-Insaf (Imran Khan files appeal against objections) said the ruling coalition of Pakistan Democratic Movement (PDM) and the caretaker Chief Ministers in the Punjab and Khyber Pakhtunkhwa bent upon putting all the blame for every wrong on Imran Khan and the PTI.
PTI Chairman Imran Khan on Thursday filed an appeal against the objections raised by the Registrar’s Office on its petition, saying the objections are misconceived, without jurisdiction and illegal and the same are not maintainable and are liable to be set aside.
It submitted that the first question raised was the holding of a fair inquiry through a judicial commission to probe into the May 9 incident. The ruling coalition of the PDM and the caretaker Chief Ministers in the Punjab and Khyber Pakhtunkhwa are bent on putting all the blame of every wrong on Imran Khan and the PTI.
The second question related to the establishment of military courts for the trial of civilians. It said whether the civilian persons can be tried by the military court in relation to the offences committed by him/them which may have caused loss to state/defence property. This question involves a number of fundamental rights and interpretation of several constitutional provisions, the petitioner added.
In reply to the Registrar’s Office’s objection that Prime Minister cannot be implead as party in the petition as per Article 248, the petitioner submitted that Shehbaz Sharif does not enjoy an absolute and unqualified immunity under Article 248 as his several actions, including acting under dictation and passing orders and getting passed resolutions and allowing others to make decisions are absolutely unconstitutional, malafide and without jurisdiction. A thin layer of immunity cannot protect him (Shehbaz Sharif) and the same is not to be granted as a matter of course.
According to the objections, the ingredients for invoking extraordinary jurisdiction of the Supreme Court under Article 184(3) of the Constitution have not been satisfied. “The petitioner has not approached any other appropriate forum available under the law for the same relief and has also not provided any justification for not doing so,” the order of the Registrar’s Office further said.
The PTI chief, on May 25, filed a constitutional petition under Article 184(3) of the Constitution. He asked the Supreme Court to form a judicial commission comprising Supreme Court judges to probe/inquire into the horrendous and terrible incidents of 9-10 May 2023 and recommend action against persons involved therein.
The court was urged to hold that the imposition of undeclared martial law/calling in aid of the armed forces in the Punjab, Balochistan, Khyber Pakhtunkhwa, and Islamabad is unconstitutional, unlawful and without any effect and all action taken in pursuance thereof are void.
It asked to declare that the arrests, investigation and trial of civilians in peacetime under the Army Act, 1952 read with the Official Secrets Act, 1923 is unconstitutional and void and of no legal effect and amounts to negation of the constitution, rule of law and independence of the judiciary.
It said that the arrests and detentions of the PTI party members, supporters and workers under the Maintenance of Public Order and their successive detention orders without disclosure of the grounds of detention are unconstitutional and void and they are liable to be set free with immediate effect as their arrests and detentions are illegal, mala fide, without jurisdiction and void being against the constitution.
The dismantling of PTI through forcible quitting of party membership and office is unconstitutional and void being against Article 17 of the Constitution.
Copyright Business Recorder, 2023
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