The Islamabad High Court (IHC) on Monday directed the federal government to submit a detailed report to the court by August 06 on the invocation of Article 245 in Islamabad. The government decision to invoke Article 245 in federal capital was challenged by Islamabad District Bar President Nasir Kiyani. He took the plea that army was given powers under Article 245 in only conflict areas, adding its invocation in capital would weaken the writ of the state.
Hearing the plea, IHC chief justice Anwar Kasi maintained that ensuring the rule of law is the foremost responsibility of the court. He inquired from Sheikh Ahsanuddin, the counsel for the petitioner, about a copy of the notification; but the latter could not produce it. The judge questioned how the court could issue any order if the petitioner had not possessed a copy of that notification. He also asked the additional attorney general about a copy of notification. He too replied in the negative.
The judge expressed surprise that the media had got a copy of the notification but neither the petitioner nor the additional attorney general were able to produce it. The IHC chief justice said no verdict could be issued since the government notification had not been presented in the court. The counsel contended that calling in the army in capital would weaken a teething democracy; besides it was tantamount to usurping the fundamental rights of citizens living in the federal capital.
Justice Kasi also said that there was no such law and order problem in capital as it existed Balochistan and Karachi, adding that he himself had been living in Islamabad without any security. The lawyer for the petitioner said the decision to call in the army needed the approval of the cabinet, adding in this case it was not done as the prime minister was already in Saudi Arabia to perform Umrah. The court issued directives to defence ministry, interior ministry and cabinet secretaries to submit a detailed report to the court on August 06. The bench also said the hearing of the case would be held on a daily basis.