Imran Khan Challenges Government’s Invocation of Article 245 as “Undeclared Martial Law” in Supreme Court Petition

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Imran Khan, the former Prime Minister of Pakistan and leader of the Pakistan Tehreek-e-Insaf (PTI) party, has filed a petition in the Supreme Court against the government’s invocation of Article 245 in several provinces, labeling it as “undeclared martial law.” Article 245 of Pakistan’s Constitution allows the army to be called in to assist the civil administration in defending the country.

In his plea, Imran Khan argued that the arrests, investigations, and trials of citizens under the Army Act of 1952 were unconstitutional and void, undermining the Constitution, the rule of law, and the independence of the judiciary. He also asserted that the forceful removal of PTI members and the dismantling of the party were in violation of Article 17 of the Constitution, which guarantees the right to form associations.

Furthermore, Khan urged the apex court to establish a judicial commission to investigate the violence that erupted on May 9. The plea named several high-profile figures, including Prime Minister Shehbaz Sharif, PML-N leader Nawaz Sharif and his daughter Maryam Nawaz, ex-president Asif Ali Zardari, Foreign Minister Bilawal Bhutto-Zardari, and JUI-F chief Maulana Fazlur Rehman, among others, as respondents.

Prime Minister Shehbaz Sharif condemned the May 9 attacks, characterizing them as an assault on the idea and identity of Pakistan. He emphasized that the incidents were not simply violent protests but part of a sinister plan by individuals driven by a lust for power. Sharif called for unity in identifying and exposing those seeking to undermine the foundations of Pakistan.

The May 9 protests erupted following Imran Khan’s arrest by paramilitary Rangers from the Islamabad High Court premises. PTI supporters responded with acts of vandalism against military installations, including the Lahore Corps Commander’s House, the Mianwali airbase, and the ISI building in Faisalabad. The Army headquarters (GHQ) in Rawalpindi was also stormed for the first time. Tragically, the clashes resulted in casualties on both sides, with differing reports of the death toll.

In response to the violence, thousands of Khan’s supporters were arrested, and top PTI leaders were also detained. The government announced that those involved in attacks on military installations would face trial in military courts, while those charged with attacks on civilian targets would be prosecuted under civilian laws.

These developments come against the backdrop of Imran Khan’s ousting from power in April the previous year through a no-confidence vote. Khan claimed that his removal was part of a conspiracy led by the United States, targeting him due to his independent foreign policy decisions regarding Russia, China, and Afghanistan.

Imran Khan’s petition challenging the government’s use of Article 245 as “undeclared martial law” in multiple provinces highlights the ongoing tensions and political divisions within Pakistan. The Supreme Court’s decision on the matter will have significant implications for the country’s constitutional framework and the balance of power between the civil administration and the military.

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