The Supreme Court said on Tuesday it has no powers to stop the on-going Lal Masjid - Jamia Hafsa military operation as validity of any direction issued by the federal government under Article 245 of the Constitution cannot be called in question in any court.
Article 245 says "The Armed Forces shall under the directions of the Federal Government defend Pakistan against external aggression or threat of war, and subject to law, act in aid of civil power when called upon to do so."
A two-member bench comprising Justice Mohammad Nawaz Abassi and Justice Faqir Mohammad Khokhar heard the suo motu notice regarding legal consequences of the military operation and the fundamental rights of the people affected by it.
Attorney General Makhdoom Ali Khan and Deputy Attorney General Tariq Khokhar and Interior Ministry's Director, Crisis Management Cell Colonel Imran appeared before the court and submitted details of release of the male and female students who managed to come out of the Lal Masjid and Jamia Hafsa before and during the operation.
They said all the 341 girl students have gone homes with their parents while remaining men above the age of 18 years will be released tomorrow except those against whom cases are registered. They said Army has taken control of the Lal Masjid and clean up operation is going on in Jamia Hafsa with clear instructions that every effort be made to save innocent lives.
Senior advocates Mohammad Akram Chaudhry, Owais Ahmad, and Dr Tariq Hassan requested the court for orders to stop the operation to save lives of the innocent hostages. Justice Abbasi said it is responsibility of the government to take necessary measures to maintain law and order and writ of the government. Justice Khokhar said when army is called upon to act in aid of the civil power under Article 245 of the Constitution, jurisdiction of the courts is ousted.
The court however gave directions to the federal government to restore electricity, gas and water supply to the residents of G-6 Sector as early as possible. It directed the federal health secretary to ensure display of lists of those injured and dead outside the hospitals and access of their relatives to the injured is facilitated.