The government’s decision for calling in the army to aid the civil administration in Islamabad has been challenged in Islamabad High Court (IHC).
Petitioner Shahid Orakzai has taken the plea in his petition that the federal cabinet cannot advice to the president in respect of article 245 of the constitution in the absence of the PM nor can the PM delegate this obligation to any federal minister under article 90 of the constitution.
The petition further states that no cabinet meeting was held during the PM’s absence from the country for calling in army nor the advice given to the president in his absence can be considered cabinet advice under article 48 of the constitution.
The petitioner has beseeched the court to stay the operationalisation of federal orders with immediate effect as this order is ultra constitutional and it can taint the non political role of armed forces.
The petitioner made it clear that calling in army is a political act and there is no crisis like law and order situation in the federal capital. Therefore, the army cannot be dragged into politics for nothing. The petition states that calling in army will lead to suspension of redressal of grievances by IHC in Islamabad, which is unjust.
He said that the PM cannot call in the army by telephone or through a text message from abroad and the president is not authorised to endorse such advice.
H said that the process of calling in army will start after August 1, therefore, the court is entitled to hear this petition at present.